Leonard Pettiway, an inmate, filed a lawsuit against Wexford Health Sources, Inc. citing negligence in the provision of healthcare services. According to Pettiway, a nurse under Wexford's employment negligently removed a bandage causing bleeding and public humiliation. However, the Marion Circuit Court ruled in favor of Wexford without first providing Pettiway a copy of Wexford’s motion for summary judgment, which Pettiway claimed violated his procedural due process rights.
The Court of Civil Appeals of Alabama reversed the trial court’s decision, deeming the serving notice insufficient, stating that Wexford had not fulfilled the notice requirement by merely electronically filing their motion for summary judgment. The court thus decided in favor of Pettiway and issued instructions for a new hearing wherein a hard copy of Wexford’s motion should be sent to him.
Summary Judgment Reversed: Plaintiff Should have been Afforded More Time to Respond