Date: 07-27-2015

Case Style: Calhoun Health Services v. Martha Glaspie

Case Number: 2014-IA-00674-SCT

Judge: HON. ANDREW K. HOWORTH

Court: SUPREME COURT OF MISSISSIPPI

Plaintiff's Attorney: MICHAEL SHAWN HUDSON, TAYLOR B. SMITH

Defendant's Attorney: SARAH LYNN DICKEY

Description: Martha Glaspie was a nurse at the Calhoun Health Services community hospital
nursing home. After injuring her back, she was required to undergo a drug screening. She
was fired from her employment at the hospital after the drug test came back positive for use
of cocaine.

¶2. Glaspie filed suit against the hospital for wrongful termination, negligence,
defamation, and breach of the duty of good faith and fair dealing. Calhoun Health Services
filed a motion for summary judgment. The circuit court granted summary judgment in favor
of Calhoun Health Services as to Glaspie’s defamation claim but denied the motion as to the
remaining claims. Calhoun Health Services sought interlocutory review of the circuit court’s
order denying summary judgment.

¶3. After this court granted interlocutory review in this case, the Court issued two
opinions that altered the law relevant to the disposition of this case. See Boroujerdi v. City
of Starkville, 158 So. 3d 1106 (Miss. 2015); Brantley v. City of Horn Lake, 152 So. 3d
1106, 1108 (Miss. 2014). The trial court in this matter did not have the benefit of these two
decisions. Therefore, we will allow the trial court to consider the facts of this case under the
new law in the first instance. We vacate the judgment of the trial court and remand the case
to the trial court for reconsideration under the present law.

Outcome: VACATED AND REMANDED.

Plaintiff's Experts:

Defendant's Experts:

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