Bunn-Penn v. Southern Regional Medical Corp.

McMurray, Presiding Judge,

dissenting.

I respectfully dissent. Evidence was presented of repeated inappropriate professional behavior with female patients (bordering on unhealthy, voyeuristic tendencies) on the part of defendant John Mountz, the emergency room technician employed by appelleedefendant Southern Regional Medical Corporation. This is strong evidence which a jury could find was notice to defendant Southern Regional Medical Corporation of anticipatory sexual misconduct. Since several co-workers had confided their concerns about John Mountz’s behavior to the nurse manager, Kay Neal, that evidence of professional misconduct of an unhealthy and unprofessional attraction to female patients was, in my view, more than sufficient to put the hospital on notice that defendant John Mountz might take inappropriate liberties with sedated female patients. Consequently, a jury question is presented as to plaintiffs’ claim for negligent retention (although not negligent hiring). As my colleagues in the majority would affirm the grant of summary judgment in its entirety, despite the existence of genuine issues of material fact as to .this theory of liability, I respectfully dissent.

I am authorized to state that Judge Ruffin and Judge Eldridge join in this dissent.

*296Manely & Silvo, Michael E. Manely, Lorraine R. Silvo, Wheeler & Watson, James A. Watson, for appellants. Mayfield & Milling, Roberts C. Milling II, Alston & Bird, Dow N. Kirkpatrick II, for appellees.