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Watson v. Regional First Care Inc.

The defendants established the affirmative defense of assumption of the risk in the plaintiff's negligence action in which he alleged that he suffered injuries when he passed out while in a medical center's examination room and fell off the exam table.

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Appellant Johnny Watson, passed out while waiting in an examination room in a medical clinic, fell off the exam table he had been sitting on, and was injured. He sued the clinic, Regional First Care, Inc. and the medical assistant who had interviewed him a few minutes earlier, Kimbly Berry, alleging that Berry’s negligence caused his injuries. Because Watson had passed out three times before and was injured on at least one of those occasions, the trial court granted Regional’s summary judgment motion on the grounds that Regional had established the affirmative defense of the assumption of the risk. We agree and affirm.

Summary judgment is proper when there is no genuine issue of material fact and the movant is entitled to judgment as a matter of law. A de novo standard of review applies to an appeal from a grant of summary judgment, and we view the evidence, and all reasonable conclusions and inferences drawn from it, in the light most favorable to the nonmovant.

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