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Nelson v. Bd. of Regents of the Univ. Sys. of Ga.

The trial court properly granted the defendant's motion to open default and its second motion for summary judgment in the plaintiffs' medical malpractice action.

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Plaintiffs James Gary Nelson “Nelson”, Deborah Nelson, Jeany Pontrelli, and Michael J. Pontrelli filed a medical malpractice action, seeking damages related to the allegedly negligent treatment Nelson received as a patient at the Medical College of Georgia “MCG” hospital facility following his surgery to remove a brain tumor. Plaintiffs named as defendants, among others, MCG Health, Inc. “MCGHI”; Michael Cowan, MD; Peter Brown, MD; Samuel Macomsen, MD; and Christopher Ewart, MD. MCGHI failed to file a timely answer to the complaint, and thereafter filed a motion to open default, which the trial court granted. MCGHI then filed a motion for summary judgment, disclaiming liability for plaintiffs’ claims. The trial court denied MCGHI’s motion, and certified its decision for immediate review. We granted MCGHI’s application for interlocutory appeal, and then affirmed the trial court’s summary-judgment ruling.1 After the remittitur was entered, MCGHI filed a second motion for summary judgment, incorporating an additional affidavit and evidence in support of same. Following a hearing, the trial court granted MCGHI’s second motion for summary judgment.

In further proceedings before the trial court, Defendants Cowan, Brown, Macomsen, and Ewart “the Resident Defendants” filed a motion to dismiss claiming immunity from liability in the lawsuit, which was granted.

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