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Crisp Reg'l Nursing and Rehabilitation Ctr. v. Johnson

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Following the grant of its application for interlocutory appeal, Crisp Regional Nursing & Rehabilitation Center “Crisp Regional” challenges the trial court’s denial of its motion for summary judgment on Ernest and Rose Johnson’s claims for negligence, wrongful death, and intentional or negligent infliction of emotional distress on behalf of Lucille Davis. Mrs. Davis died while in the care of Crisp Regional. Crisp Regional contends the trial court erred by denying its motion for summary judgment without deciding: 1 whether this is a medical malpractice case requiring the Johnsons to rebut Crisp Regional’s expert testimony with their own expert testimony, 2 whether punitive damages can be awarded against a hospital authority, 3 whether punitive damages may be awarded in a wrongful death action, 4 whether its actions were sufficiently egregious to constitute infliction of emotional distress under Georgia law, and 5 whether Crisp Regional’s conduct authorized the imposition of punitive damages. Crisp Regional also contends the trial court erred by denying its motion for summary judgment without addressing whether the allegations in the preface of the Johnsons’ complaint were actionable under Georgia law. While we find that under our law Crisp Regional was entitled to summary judgment on the Johnsons’ negligence and wrongful death claims and cannot be held liable for punitive damages, we further find that the trial court did not err by denying summary judgment on the emotional distress claims.

Ernest and Rose Johnson, the plaintiffs below, brought suit as executors of the estate of Lucille Davis against Crisp Regional, contending its negligent care of Mrs. Davis caused her to fall and suffer severe injuries that led to her death. The complaint alleges causes of action for negligence, wrongful death, and intentional and/or negligent infliction of emotional distress.

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