Wellstar Health Sys. Inc. d/b/a Wellstar Physicians Group v. Green

Defendant was entitled to summary judgment on plaintiff's battery claim arising out of a nurse's mistake in treating his wife since the wife consented to treatment and there was no evidence that the wife was fraudulently induced to sign the consent form.

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Jonathan Thomas Green’s wife died from a heart attack after an improperly credentialed nurse employed by Wellstar Health Systems, Inc. mistakenly dismissed Green’s wife with an ear infection. Green sued Wellstar for the wrongful death of his wife, claiming that the nurse was negligent in treating Bonnell Green. Green amended his complaint to allege that Wellstar was negligent in failing to ensure that the nurse was properly credentialed when she treated Green’s wife. The trial court granted partial summary judgment to Green on the negligent credentialing claim and denied Wellstar’s motion on its battery claim. Wellstar appeals the grant of partial summary judgment to Green and the denial of its motion for summary judgment on Green’s battery claim. For the reasons stated below, we affirm the grant of partial summary judgment to Green and reverse the denial of Wellstar’s motion for summary judgment on Green’s battery claim.

To prevail on a motion for summary judgment, the moving party must demonstrate that there is no genuine issue of material fact, and that the undisputed facts, viewed in a light most favorable to the party opposing the motion, warrant judgment as a matter of law.1 To obtain summary judgment, a defendant need not produce any evidence, but must only point to an absence of evidence supporting at least one essential element of the plaintiff’s claim.2 Our review of a grant of summary judgment is de novo, and we view the evidence and all reasonable inferences drawn from it in the light most favorable to the nonmovant.3

Wellstar Health Sys. Inc. d/b/a Wellstar Physicians Group v. Green

Defendant was entitled to summary judgment on plaintiff's battery claim arising out of a nurse's mistake in treating his wife since the wife consented to treatment and there was no evidence that the wife was fraudulently induced to sign the consent form.

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