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The Medical Center, Inc. v. Bowden

Court reverses class certification and rules that a hospital was entitled to summary judgment on patient's fraud and misrepresentation claims

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Miller, Presiding Judge. In Divisions (C) (2) and (C) (3) (b) of our opinion in The Med. Center, Inc. v. Bowden, 348 Ga. App. 165 (820 SE2d 289) (2018) (physical precedent only), this Court affirmed the trial court’s grant of Danielle Bowden’s petition for class certification and we also affirmed the trial court’s denial of summary judgment to The Medical Center on Bowden’s claims for fraud and negligent misrepresentation. In Bowden v. The Med. Center, Inc., 309 Ga. 188 (845 SE2d 555) (2020), the Supreme Court of Georgia reversed these holdings. Accordingly, we first vacate Division (C) (2) of our earlier opinion and adopt the opinion of the Supreme Court with respect to that division as our own. Secondly, insofar as we affirmed the trial court’s denial of summary judgment to The Medical Center on Bowden’s fraud and negligent misrepresentation claims, we vacate Division (C) (3) (b) of our earlier opinion and adopt the opinion of the Supreme Court with respect to that division as our own. In Division (C) (3) (a) of our earlier opinion, we determined that The Medical Center was entitled to summary judgment on Bowden’s claim for violations of Georgia’s Racketeer Influenced and Corrupt Organizations (RICO) Act. Because the Supreme Court affirmed this decision, Bowden, supra, 309 Ga. at 202 (II) (3), it becomes binding on the trial court upon the return of the remittitur.[1] Therefore, in accordance with the Supreme Court’s opinion, we reverse the trial court’s grant of Bowden’s petition for class certification and the trial court’s denial of summary judgment to The Medical Center on Bowden’s claims for fraud and negligent misrepresentation. Judgment affirmed in part and reversed in part. Brown and Pipkin, JJ., concur.

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