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MCG Health Inc. v. Perry

The Court reversed the plaintiffs' class action certification in their suit challenging a hospital's practice of filing hospital liens upon injured patients' causes of action against the tortfeasors who allegedly caused their injuries.

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MCG Health, Inc. “MCG”, appeals from the certification of a class action suit filed by Donna Perry and Manuel Weisman to challenge MCG’s practice of filing hospital liens upon injured patients’ causes of action against the tortfeasors who allegedly caused their injuries. MCG contends that the trial court erred 1 by concluding that the class action requirements of OCGA § 9-11-23 were met, and 2 by denying its motion for summary judgment as to Perry and Weisman’s individual claims. For the reasons that follow, we reverse the trial court’s class action certification and remand the case for reconsideration of the summary judgment motion.

Plaintiffs Perry and Weisman “have the burden of establishing their right to class certification in the trial court, and we review the trial court’s decision in certifying a class action for abuse of discretion.”1

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