Speed v. Muhanna

The plaintiff's attorney in a premises liability action had actual and apparent authority to release any current or future medical malpractice claims against his treating physician in exchange for his deposition testimony.

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In this medical malpractice action, Henry Speed appeals the trial court’s grant of summary judgment to Dr. Shajih Muhanna, arguing that his attorney had no authority to release his medical malpractice claim against Muhanna, and that a letter to Muhanna from Speed’s attorney did not constitute a release of that claim. For the reasons which follow, we affirm. The standards applicable to motions for summary judgment are announced in Lau’s Corp. v. Haskins. 1 When ruling on a motion for summary judgment, the opposing party should be given the benefit of all reasonable doubt, and the court should construe the evidence and all inferences and conclusions therefrom most favorably toward the party opposing the motion. Further, any doubts on the existence of a genuine issue of material fact are resolved against the movant for summary judgment. When this court reviews the grant or denial of a motion for summary judgment, it conducts a de novo review of the law and the evidence. On motions for summary judgment, the court cannot resolve the facts or reconcile the issues. Citations omitted. State Farm Fire &c. Co. v. Goodman .2 Viewed in this light, the record shows that, on February 14, 1999, Speed injured his foot at a Sports Authority store. In November 1999, Speed retained Scott Zahler to represent him in pursuing any claims he might have “against Sports Authority, and any other Defendants later named or identified as a result of” the February 14th incident. On December 11, 2000, Zahler filed a premises liability action against Sports Authority on Speed’s behalf.

Over a year later, Speed was hospitalized at Henry Medical Center from January 9, 2002, to January 20, 2002, during which time he was treated by Dr. Muhanna for deep venous thrombosis in his right leg. He was transferred to Emory University Hospital after his condition worsened.

Speed v. Muhanna

The plaintiff's attorney in a premises liability action had actual and apparent authority to release any current or future medical malpractice claims against his treating physician in exchange for his deposition testimony.

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