Edward L. Ellis, Jr. v. John W. Bacon, M.D.
Docket: M2005-00222-COA-R3-CV
Court: Court of Appeals of Tennessee; November 20, 2005; Tennessee; State Appellate Court
Original Court Document: View Document
Edward L. Ellis, Jr. appealed a summary judgment from the Circuit Court for Sumner County, which dismissed his medical malpractice claim against Dr. John W. Bacon. Ellis alleged that Dr. Bacon damaged his sciatic nerve during a right hip replacement surgery. After filing a second complaint following a nonsuit, Dr. Bacon responded by denying negligence and raising defenses including the statute of limitations and informed consent. Despite Dr. Bacon's counsel sending discovery requests and a motion to compel, Ellis failed to provide the requested information or respond to the motions. Consequently, Dr. Bacon filed a Motion for Summary Judgment, supported by an affidavit asserting that his care did not fall below the standard of practice and that any injuries Ellis sustained were not due to negligence. Ellis did not attend the hearing on this motion and did not respond to it. The trial court granted the summary judgment, leading to Ellis's appeal. The appeals court affirmed the lower court's decision, noting that although pro se litigants receive some leeway, Ellis had not met the necessary procedural burdens or provided compelling reasons to overturn the judgment. When a defendant provides evidence contradicting a key element of the plaintiff's claim, the plaintiff must present their own evidence to rebut the defendant and establish a genuine issue for trial. This requirement applies regardless of whether the plaintiff is self-represented, as procedural and substantive laws must be followed. In this case, Mr. Ellis, the plaintiff, was confronted with an affidavit from the defendant doctor asserting compliance with the standard of care. Consequently, Ellis was obligated to present affirmative evidence to create a material factual dispute regarding his malpractice claim. Instead, he claimed an inability to receive mail while absent from Tennessee, which did not suffice to meet his burden of proof. The court's review concluded that Ellis failed to demonstrate any genuine issue regarding the standard of care or any breach by Dr. Bacon that caused him harm. As a result, the trial court's judgment is upheld, and costs are assigned to the appellant.