Johnson v. Layton

Supreme Court of Alabama

Limestone County | 72 So. 3d 1195 | May 13, 2011


Medical Chart Was Not Required to Be Attached to Affidavit

Annette F. Johnson filed a medical malpractice lawsuit against Dr. Troy A. Layton and SportsMed Orthopaedic Specialists, after alleging negligent and wanton failure to diagnose and treat her injuries. After three years of treatment, Johnson claimed that she lost the use of her left arm due to the medical negligence.

The Limestone Circuit Court ruled in favor of Dr. Layton and SportsMed on summary judgment. Johnson appealed, challenging the admissibility of an affidavit by Dr. Layton. She claimed that Dr. Layton's affidavit should have been stricken as it failed to comply with Rule 56(e) because it referred to her medical records without attaching them. Johnson also argued that the court erred in holding a hearing on the summary judgment motion despite her express non-consent.

The Supreme Court reaffirmed the decision of the trial court, ruling that Dr. Layton's reference to the medical chart in his affidavit didn't mandate the attachment of the chart as he relied on personal knowledge and not the chart to express his opinion.

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