Estate of Johnson v. Chatelain

Summary

The Mississippi Supreme Court held that Dr. Samuel Johnson, a physician employed by the University of Mississippi Medical Center, was protected by sovereign immunity for treatment provided in March 1993. The court reversed the denial of summary judgment and rendered judgment dismissing with prejudice the malpractice action against his estate. A separate concurrence also concluded that the plaintiff had failed to present evidence establishing medical malpractice.

Holdings

1. Dr. Johnson was a state employee of the University of Mississippi Medical Center and acted within the course and scope of his employment while treating Joshua; he therefore was protected by sovereign immunity.
2. The sovereign-immunity provisions enacted during the 1992 Extraordinary Session governed causes of action accruing between September 16, 1992, and April 1, 1993, including the claim arising from Johnson's March 1993 surgery.
3. The plaintiff failed to create a genuine issue of material fact concerning Johnson's state-employee status, so the denial of summary judgment was erroneous.

Questions Presented

1. Whether Dr. Johnson was a state employee acting within the course and scope of his employment and therefore protected by Mississippi sovereign-immunity law.
2. Whether the plaintiff presented a genuine issue of material fact sufficient to defeat summary judgment.
3. Whether the sovereign-immunity provisions applicable to the March 1993 surgery barred the action without impermissibly applying the doctrine retroactively.

Disposition

reversed_and_remanded