WILSON v. INTHACHAK
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In January 2018, Dorothy Warren passed away after Dr. Nirandr Inthachak allegedly misinterpreted her CT scan. Angela Wilson, Warren’s daughter, filed a lawsuit against Dr. Inthachak. The trial court granted summary judgment in favor of Dr. Inthachak on two grounds. First, Wilson failed to provide clear and convincing evidence of gross negligence required under OCGA § 51-1-29.5 for healthcare liability claims arising from emergency medical care. Second, Wilson couldn’t prove that the outcome would have been different if Dr. Inthachak had correctly interpreted the CT scan.
Wilson appealed, and all 14 judges of the Court of Appeals agreed that the trial court’s grant of summary judgment was improper. However, they were evenly divided on why summary judgment was incorrect under OCGA § 51-1-29.5. The Court of Appeals transferred the case to the Supreme Court of Georgia due to the equal division, invoking the Court's equal-division jurisdiction.
The Supreme Court of Georgia concluded that it did not have jurisdiction over the case because the Court of Appeals was not equally divided on the disposition of the judgment that was appealed. The Court of Appeals had unanimously agreed that the grant of summary judgment could not stand, and their disagreement was only regarding the reasons for why one of the two grounds was faulty. The Supreme Court of Georgia held that such a disagreement did not invoke its equal-division jurisdiction. Therefore, the Court returned the case to the Court of Appeals.
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