ROBIN LANGDON v. JOHN T. DAMRON AND BECKY PANCAKE

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RENDERED: May 27, 2005; 10:00 a.m. NOT TO BE PUBLISHED Commonwealth Of Kentucky Court of Appeals NO. 2004-CA-001888-MR ROBIN LANGDON APPELLANT APPEAL FROM LYON CIRCUIT COURT HONORABLE BILL CUNNINGHAM, JUDGE ACTION NO. 04-CI-00081 v. JOHN T. DAMRON AND BECKY PANCAKE APPELLEES OPINION AND ORDER DISMISSING ** ** ** ** ** BEFORE: TACKETT AND TAYLOR, JUDGES; HUDDLESTON, SENIOR JUDGE.1 TAYLOR, JUDGE: Robin Langdon brings this pro se appeal from an August 25, 2004, order of the Lyon Circuit Court dismissing his medical negligence claim. We dismiss. On May 10, 2004, appellant filed a complaint in the Lyon Circuit Court against Becky Pancake et al. and the Medical Department of the Western Kentucky Correctional Complex 1 Senior Judge Joseph R. Huddleston sitting as Special Judge by assignment of the Chief Justice pursuant to Section 110(5)(b) of the Kentucky Constitution and Kentucky Revised Statutes 21.580. (correctional complex) located in Lyon County, Kentucky. Appellant is an inmate at the correctional complex, and Becky Pancake is a Deputy Warden of the correctional complex. In his complaint, appellant alleged that physicians, nurses, agents and/or employees of the correctional complex were negligent in the treatment of his broken finger. Appellant also alleged that the correctional complex was “both obstensibly[sic] liable for the negligence of its physicians, agents, and/or employees and is liable through the theory of respondent[sic] superior.” On August 4, 2004, appellees filed an answer to the complaint and a motion to dismiss for failure to state a claim upon which relief could be granted. Ky. R. Civ. P. 12.02. Attached to the motion was an affidavit of George Patterson, a nurse at the correctional complex, and numerous medical records of appellant. On August 25, 2004, the circuit court entered an order dismissing appellant’s complaint, thus precipitating this appeal. Appellant contends the circuit court committed error by dismissing his complaint. As matters outside of the pleadings were entered into the record, we shall treat the circuit court’s order dismissing as a summary judgment. v. Alsabi, 990 S.W.2d 597 (Ky. 1999). Gailor Summary judgment is proper where there exist no material issues of fact and movant -2- is entitled to judgment as a matter of law. Steelvest, Inc. v. Scansteel Service Center, Inc., 807 S.W.2d 476 (Ky. 1991). In the complaint, appellant alleged that negligence was committed by “the physicians, nurses, agents, and/or employees of the Western Kentucky Correctional Complex . . . .” In the caption of the notice of appeal, appellant only names Becky Pancake as appellee. the correctional complex. Pancake was the Deputy Warden of Pancake was not a medical professional and could not have committed medical negligence. Appellant also attempts to use the designation “et al.” in the notice of appeal. It is well-established that use of the term “et al.” in the notice of appeal does not operate to include additional parties other than those specifically named in the notice as parties to the appeal. 181 (Ky.App. 1977). Schulz v. Chadwell, 548 S.W.2d In the body of the notice of appeal, appellant also named as appellee John T. Damron, who is the attorney for appellees. The appellant failed to name as appellees either the employees of the correctional complex who allegedly committed the medical negligence, the medical department of the correctional complex, or the correctional complex itself. appeal. We believe this omission is fatal to the The failure to specify in the notice of appeal any party whose absence prevents the appellate court from granting complete relief will result in dismissal of the appeal. -3- Branden v. Republic-Vanguard Life Insurance Co., 657 S.W.2d 241 (Ky. 1983). Accordingly, it is hereby ORDERED that the abovestyled appeal is DISMISSED. ALL CONCUR. ENTERED: _May 27, 2005_ /s/ Jeffrey S. Taylor___________ JUDGE, COURT OF APPEALS BRIEFS FOR APPELLANT: BRIEF FOR APPELLEE: Robin Langdon, Pro Se Fredonia, Kentucky John T. Damron Justice Cabinet Department of Corrections Frankfort, Kentucky -4-

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