Andrea Kott & Joseph Comer Win Summary Judgment For Local Hospital Securing Dismissal With Prejudice

Andrea Kott and Joseph Comer recently won summary judgment on behalf of a hospital client. The plaintiff in the underlying case had been brought to the hospital’s emergency department following a motor vehicle accident. He alleged that the doctors in the hospital’s emergency department had failed to timely diagnose and treat a vertebral artery dissection. The plaintiff had later suffered a stroke and was seeking millions of dollars in damages as a result of alleged disability.

Ms. Kott and Mr. Comer presented a motion for summary judgment arguing that the hospital could not be liable for the alleged negligence because the physicians were independent contractors. This was supported by extensive testimony and evidence obtained by the attorneys during the discovery process. The plaintiff argued the doctors were apparent agents of the hospital based on the fact that several hours passed between the time of admission and the time when he signed agency disclaimer forms. He further argued after extensive briefing and oral argument, the judge granted the motion for summary judgment, agreeing that the defendant doctors were not the apparent agents of the hospital. The hospital was dismissed from the case, with prejudice.