Katachia Dale, administratrix of the estate of her deceased sister Mary Patricia Gulley, appealed from a summary judgment favoring Dr. Gary Kolb regarding her medical malpractice claim. Gulley had severe abdominal pain and despite multiple visits to the medical centers, was diagnosed with urinary tract infection and anemia respectively. Gulley died due to complications from peritonitis.
Dale filed a medical malpractice and wrongful death suit against Dr. Kolb, alleging standard care breach including failure to diagnose diverticulitis. The Baldwin Circuit Court favored Dr. Kolb. Upon appeal, Dale argued that expert testimony requirement was met despite Dr. Kolb's argument of discrepancy between certifications of Dale's expert witness and himself. Dale's argument of judge's failure to recuse due to admitted friendship with Dr. Kolb was dismissed. The Alabama Supreme Court reversed the summary judgment, agreeing with Dale's argument that more time should've been given to respond to Kolb's motion for summary judgment.
Summary Judgment Reversed for Failure to Provide notice of Motion to Pro Se Plaintiff