Siebert v. Fowler, No. 5529

CourtUnited States State Supreme Court of Wyoming
Writing for the CourtBefore RAPER, THOMAS, ROONEY and BROWN, JJ., and GUTHRIE; ROONEY
Citation637 P.2d 255
PartiesPamela Sue SIEBERT and Raymond Siebert, Appellants (Plaintiffs), v. Nathaniel E. FOWLER, M.D., Appellee (Defendant).
Decision Date07 December 1981
Docket NumberNo. 5529

Page 255

637 P.2d 255
Pamela Sue SIEBERT and Raymond Siebert, Appellants (Plaintiffs),
v.
Nathaniel E. FOWLER, M.D., Appellee (Defendant).
No. 5529.
Supreme Court of Wyoming.
Dec. 7, 1981.

Page 256

William D. Norman, Casper, for appellants.

Michael J. Sullivan and David G. Lewis, of Brown, Drew, Apostolos, Massey & Sullivan, and R. R. Bostwick of Murane & Bostwick, Casper, for appellee.

Before RAPER, THOMAS, ROONEY and BROWN, JJ., and GUTHRIE, J., Ret.

ROONEY, Justice.

Appellants-plaintiffs appeal from a summary judgment in favor of appellee-defendant in a malpractice case against a medical doctor. Appellant, Pamela Sue Siebert, is a diabetic. She sought treatment from appellee, an ophthalmologist in Casper, for a "floater" or blood in the vitreous of her eye (a common occurrence in diabetic cases). Appellants contend that appellee was negligent in the treatment afforded to her by him. 1 On appeal, appellants contend that

Page 257

an affidavit of Lemuel T. Moorman, M.D., 2 filed by appellee in support of the motion for summary judgment did not sufficiently reflect proposed evidence which would necessitate a judgment for appellee if such evidence were not controverted. And if it did so, appellants contend that an affidavit of Kenneth R. Fox, M.D. 3 filed in opposition to the motion for summary judgment, together with deposition evidence, reflected the existence of controverting evidence, thus establishing issues of material facts.

We affirm.

The pertinent part of Rule 56(c), W.R.C.P., which concerns summary judgments, provides:

" * * * The judgment sought shall be rendered forthwith if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issues as to any material fact and that the moving party is entitled to a judgment as a matter of law. * * * "

We recently reviewed the application of this rule to medical malpractice cases in Bancroft v. Jagusch, Wyo., 611 P.2d 819 (1980); in Harris v. Grizzle, Wyo., 625 P.2d 747 (1981); and in Vassos v. Roussalis, Wyo., 625 P.2d 768 (1981). We will not here repeat the procedural requirements and rationale contained therein, but will note some of the conclusions there reached:

1. The standard of care required of physicians and surgeons is that they must exercise the skill, diligence and knowledge, and must apply the means and methods, which would reasonably be exercised and applied under similar circumstances by members of their profession in good standing and in the same line of practice.

2. Expert medical testimony in the form of opinions is necessary 4 to assist the jury (a) in ascertaining the skill, knowledge, means and methods required under the circumstances of the case to meet such standard of care, (b) in determining whether or not the defendant conformed thereto, and (c) in determining whether or not the defendant's conduct was the legal cause of the injuries suffered.

3. A showing of injury, the treatment provided, and the fact of loss are insufficient to defeat a motion for summary judgment.

4. The burden of showing the absence of a genuine issue of a material fact is upon the party moving for a summary judgment.

5. We examine the record from a viewpoint most favorable to the party opposing the motion for a summary judgment, giving to him all favorable inferences to be drawn from the facts therein.

Applying the foregoing to the record in this case, we find that appellee presented proposed evidence in proper form through the affidavit of Dr. Moorman that the medical care given to appellant...

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12 practice notes
  • England v. Simmons, No. 86-74
    • United States
    • United States State Supreme Court of Wyoming
    • December 1, 1986
    ...pierce the formal allegations and reach the merits of a controversy where no material issue of fact is present. Siebert v. Fowler, Wyo., 637 P.2d 255 (1981). Where there are genuine issues of material fact, summary judgment is improper, but the purpose behind summary judgment would be defea......
  • Mostert v. CBL & Associates, No. 86-220
    • United States
    • United States State Supreme Court of Wyoming
    • August 14, 1987
    ...pierce the formal allegations and reach the merits of a controversy where no material issue of fact is present. Siebert v. Fowler, Wyo., 637 P.2d 255 (1981). When a question arises as to whether or not genuine issue of material fact exists, as in this case, we follow our oft quoted "When re......
  • Armstrong v. Hrabal, No. 03-36
    • United States
    • United States State Supreme Court of Wyoming
    • April 12, 2004
    ...Williams, 962 P.2d 165, 167-68 (Wyo. 1998) (quoting Mize v. North Big Horn Hosp. Dist., 931 P.2d 229, 233 (Wyo. 1997)); Siebert v. Fowler, 637 P.2d 255, 257 (Wyo. 1981). See also Rino v. Mead, 2002 WY 144, ¶ 17, 55 P.3d 13, 19 (Wyo. [¶ 13] The appellants called Dr. Tredal, an emergency medi......
  • Metzger v. Kalke, No. 84-146
    • United States
    • United States State Supreme Court of Wyoming
    • November 12, 1985
    ...burden of showing the absence of a genuine issue of material fact is upon the party moving for summary judgment. Siebert v. Fowler, Wyo., 637 P.2d 255 (1981); Bancroft v. Jagusch, Wyo., 611 P.2d 819 (1980); DeHerrera v. Memorial Hospital of Carbon County, Wyo., 590 P.2d 1342 (1979). The non......
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12 cases
  • England v. Simmons, No. 86-74
    • United States
    • United States State Supreme Court of Wyoming
    • December 1, 1986
    ...pierce the formal allegations and reach the merits of a controversy where no material issue of fact is present. Siebert v. Fowler, Wyo., 637 P.2d 255 (1981). Where there are genuine issues of material fact, summary judgment is improper, but the purpose behind summary judgment would be defea......
  • Mostert v. CBL & Associates, No. 86-220
    • United States
    • United States State Supreme Court of Wyoming
    • August 14, 1987
    ...pierce the formal allegations and reach the merits of a controversy where no material issue of fact is present. Siebert v. Fowler, Wyo., 637 P.2d 255 (1981). When a question arises as to whether or not genuine issue of material fact exists, as in this case, we follow our oft quoted "When re......
  • Armstrong v. Hrabal, No. 03-36
    • United States
    • United States State Supreme Court of Wyoming
    • April 12, 2004
    ...Williams, 962 P.2d 165, 167-68 (Wyo. 1998) (quoting Mize v. North Big Horn Hosp. Dist., 931 P.2d 229, 233 (Wyo. 1997)); Siebert v. Fowler, 637 P.2d 255, 257 (Wyo. 1981). See also Rino v. Mead, 2002 WY 144, ¶ 17, 55 P.3d 13, 19 (Wyo. [¶ 13] The appellants called Dr. Tredal, an emergency medi......
  • Metzger v. Kalke, No. 84-146
    • United States
    • United States State Supreme Court of Wyoming
    • November 12, 1985
    ...burden of showing the absence of a genuine issue of material fact is upon the party moving for summary judgment. Siebert v. Fowler, Wyo., 637 P.2d 255 (1981); Bancroft v. Jagusch, Wyo., 611 P.2d 819 (1980); DeHerrera v. Memorial Hospital of Carbon County, Wyo., 590 P.2d 1342 (1979). The non......
  • Request a trial to view additional results

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