Vivian Nipper vs. Dr. Wooton and Dr. Mairs
Idaho Supreme Court 2024
Vivian Nipper (“Nipper”) sued Dr. Wootin and Dr. Mairs claiming malpractice during her c-section delivery. During her c-section delivery, her bladder was cut and required sutures. Dr. Mairs traveled from Ontario, Oregon to assist with the surgery.
Nipper claimed that Dr. Wooton negligently and recklessly cut her bladder during her C-Section and Dr. Mairs did not meet the standard of care during her surgery. Nipper filed a malpractice action against the doctors in June 2019. In July 2020, Dr. Wooton moved for a summary judgment in her favor and proffered an affidavit from an expert demonstrating that she complied with the standard of care. Nipper opposed the motion but did not provide an expert and the court ruled in Mr. Wooton’s favor.
In October 2021, Dr. Mairs moved for summary judgment in his favor. He proffered an affidavit from his expert that he too met the standard of care and argued that Nipper’s expert was unfamiliar with the required standard of care. Nipper opposed the summary judgment requesting more time to respond because depositions and discovery were still pending. The affidavit in support of opposing summary judgment was general and did not specify what discovery and depositions were pending and how it would preclude summary judgment. The district court denied her request for more time and found in favor of the doctor. Nipper appealed.
The Idaho Supreme Court found in favor of Dr. Mairs. It opined that in litigation the party opposing a summary judgment has the burden of showing the court what information is being sought in further discovery and that it will preclude the court from entering summary judgment. Because Nipper did not do so, the Idaho Supreme Court held that the district court’s decision comported with Idaho Rules of Civil Procedure 56.
Moral of the story:
When in the discovery phase of litigation move quickly so that you can support your position when faced with a summary judgment against you.
Full Case Opinion:
I.R.C.P. 56:
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