Date: 08-16-2001

Case Style: Pattie Meyer v. Robert Gibson, M.D.

Case Number: 00-6404

Judge: McKay

Court: United States Court of Appeals for the Tenth Circuit

Plaintiff's Attorney: Richard S. Wetzler and David M. Druten of Holman Hansen Colville & Coates, P.C., Prairie Mission, Kansas

Defendant's Attorney: Timothy G. Best of Best & Sharp, Tulsa, Oklahoma

Description: Plaintiff/appellant Pattie Meyer, executrix of Virginia Vogelsberg's estate, appeals from summary judgment granted in favor of defendants/appellees Robert Gibson and the Gibson Clinic, Inc. on her state-law claim for medical malpractice. Ms. Meyer contends that the district court erred by requiring expert medical testimony to establish a causal connection between Dr. Gibson's allegedly negligent treatment of Ms. Vogelsberg and the conditions that ultimately caused her death. Our jurisdiction arises under 28 U.S.C. § 1291, and, although we agree with the district court that evidence supplied by a medical expert is necessary to establish a causal connection, record evidence satisfied that requirement for summary judgment purposes in this case.

The district court's jurisdiction arose from the diversity of the parties. Therefore, the court was obliged to apply the most recent statement of applicable Oklahoma law by that state's highest court. See Wood v. Eli Lilly & Co., 38 F.3d 510, 513 (10th Cir. 1994). We review de novo the district court's grant of summary judgment, applying Oklahoma substantive law. See Charter Canyon Treatment Ctr. v. Pool Co., 153 F.3d 1132, 1135 (10th Cir. 1998). Under Fed. R. Civ. P. 56(c), summary judgment is proper only if the evidence, viewed in the light most favorable to the party opposing summary judgment, shows that there are no genuine issues as to any material fact, and that the moving party is entitled to judgment as a matter of law. See id.

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Click the case caption above for the full text of the Court's opinion.

Outcome: Reversed and remanded for further proceedings

Plaintiff's Experts: Unknown

Defendant's Experts: Unknown

Comments: Submitted by KB