Wright v. Mills
Decision Date | 02 August 1991 |
Citation | 590 So.2d 177 |
Parties | Barbara WRIGHT and Charles Wright v. Dr. Major C. MILLS. 1900824. |
Court | Alabama Supreme Court |
Richard H. Ramsey IV, Dothan, for appellants.
Charles A. Stakely of Rushton, Stakely, Johnston & Garrett, Montgomery, for appellee.
This is a dental malpractice suit. Barbara and Charles Wright sued Dr. Major C Mills, alleging that he had been negligent in treating Mrs. Wright. Dr. Mills filed a motion for summary judgment, which the trial court granted. The Wrights appeal.
Dr. Mills began seeing Mrs. Wright as a patient in January 1965, and he continued to see her as a patient until October 6, 1987. She developed chronic gum disease during the 1970s, which Dr. Mills treated. 1 Dr. Mills attributed the chronic gum disease to poor dental care at home.
After Dr. Mills's last treatment of Mrs. Wright, the Wrights began to study various dental literature. In March 1989 the Wrights contacted an attorney to discuss legal action against Dr. Mills.
In June 1989, the Wrights also contacted the Alabama Dental Association to lodge a complaint against Dr. Mills. On June 26, 1989, the Alabama Dental Association mailed the Wrights various complaint forms, and on July 10, 1989, the Wrights completed, signed, and returned these forms. In the forms submitted, the Wrights indicated that their complaint against Dr. Mills was based upon "improper treatment for gingivitis, which later developed into periodontitis," and that "the periodontal disease wasn't treated professionally, resulting in loss of many teeth." In the mediation request form submitted by the Wrights they stated:
The Alabama Dental Association forwarded a copy of the complaint to Dr. Mills, but he never responded. However, Mr. Wright indicated that a member of the peer review board stated that the peer review board could do nothing because Dr. Mills had retired. Mr. Wright stated that the board member intimated that the only action available would be a legal claim against Dr. Mills.
In November 1989, Mrs. Wright visited Dr. John Miller, a periodontist, whereupon she says she discovered that Dr. Mills had acted negligently in treating her. Thereafter, the Wrights filed their claim against Dr. Mills on February 28, 1990.
Dr. Mills moved for summary judgment, which the trial court granted. In its order the trial court stated:
(Emphasis added.)
In her affidavit opposing Dr. Mills's motion for summary judgment, Mrs. Wright stated in part:
The Wrights contend that prior to November 1989 they only suspected that Mills had committed dental malpractice and that it was not until November 1989, when Barbara consulted Dr. John Miller, a periodontist, that they discovered facts sufficient to indicate that they had a claim against Dr. Mills. The Wrights further contend that a genuine issue of fact exists as to when they discovered the alleged malpractice of Dr. Mills; thus, they conclude that the trial court improperly granted Mills's motion for summary judgment because, they say, they "discovered" their claim against Mills within the six-month discovery period.
Mills contends that the trial court correctly ruled on his motion because, he says, the Wrights had already discovered, or could have discovered during 1989, all the elements of their cause of action. Mills further contends that because the Wrights discovered their cause of action within the two-year period of limitations they are not entitled to any additional time provided under the discovery provision of § 6-5-482.
The issue for our consideration is whether the trial court erred in granting Mills's motion for summary judgment on the ground that the Wrights' cause of action was barred under Ala.Code 1975, § 6-5-482. Specifically, the issue concerns whether the Wrights discovered or should have discovered their cause of action in June 1989. 2 We reverse and remand.
Rule 56, A.R.Civ.P., sets forth a two-tiered standard for entering summary judgment. The rule requires that the trial court, in order to enter a summary judgment, determine: (1) that there is no genuine issue of material fact and (2) that the moving party is entitled to a judgment as a matter of law. We further note that all reasonable doubts concerning the existence of a genuine issue of material fact must be resolved against the moving party. Hanners v. Balfour Guthrie, Inc., 564 So.2d 412 (Ala.1990). Once the moving party makes a prima facie showing that no genuine issue of material facts exist, then the nonmovant has the burden of going forward with evidence demonstrating the existence of a genuine issue of material fact. Grider v. Grider, 555 So.2d 104 (Ala.1989).
Because this action was filed after June 11, 1987, Ala.Code 1975, § 12-21-12, mandates that the nonmovant meet his burden by "substantial evidence." Bass v. SouthTrust Bank of Baldwin County, 538 So.2d 794, 797-98 (Ala.1989). Under the substantial evidence standard, the nonmovant must present "evidence of such weight and quality that fair-minded persons in the exercise of impartial judgment can reasonably infer the existence of the fact sought to be proved." West v. Founders Life Assurance Co. of Florida, 547...
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