Jefferson v. Waveny Care Center, Inc.
The trial court properly granted the defendants' motions for summary judgment on the ground that the allegations in the complaint sounded in medical malpractice rather than ordinary negligence and, as a result, that the plaintiff was required to disclose an expert witness which he did not do. Waveny Care Center, Inc., a health care center, contracted with Professional Healthcare Services, LLC for certain nurse staffing services. Louis Jefferson was admitted to Waveny for rehabilitative care following knee replacement surgery. He suffered from a spread of MRSA, Methicillin Resistant Staphylococcus Aureus, and developed pressure sores on his feet. Jefferson filed a complaint amended to allege negligence against Waveny and ProCare regarding the sores and MRSA. The trial court granted the defendants' motions to dismiss the complaint ruling that the claims sounded in medical malpractice not ordinary negligence and, consequently, the plaintiff's failure to disclose an expert witness required summary judgment for the defendants. The plaintiff appealed contending that the court erred in granting the motions and in determining that the allegations in the complaint sounded in medical malpractice rather than ordinary negligence. The Appellate Court affirmed the judgment. Because the court's memorandum of decision fully addressed the claims raised on appeal, the Appellate Court adopted it as a statement of the facts and applicable law on the issues. Any further discussion by the Appellate Court was found to serve no useful purpose.