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Burroughs v. Magee10/1/2003
The complaint alleges that at approximately 7:00 p.m. on July 31, 1997, Roger E. Hostetler ran a stop sign and that his truck collided with a car driven by Harold L. Burroughs. Mr. Burroughs' wife, Judy C. Burroughs (the plaintiff), was a passenger in the car driven by her husband. Mr. Burroughs was severely injured in the accident and subsequently died as a result of his injuries. Mrs. Burroughs sustained serious injuries in the accident.
Mrs. Burroughs filed suit against Mr. Hostetler, alleging that he "negligently, recklessly and with gross negligence and willful and wanton disregard for the safety of others," ran a stop sign and thereby caused the accident. The complaint alleges in the alternative that Mr. Hostetler negligently failed to properly inspect and/or maintain his vehicle, specifically his brakes.
Approximately eight months after filing her complaint, Mrs. Burroughs filed an amended complaint adding a second defendant, Robert W. Magee, M.D., who treated Mr. Hostetler on the day before the accident and prescribed two medications to him, medications that can affect a person's ability to safely operate a motor vehicle. In summary, the amended complaint alleges that Dr. Magee negligently prescribed the two medications to Mr. Hostetler and that Dr. Magee negligently failed to warn Hostetler of the risks of driving while under the influence of the two drugs.
The facts set out in the record indicate that on July 30, 1997 Mr. Hostetler went to the Ripley office of the Dyersburg Medical Group, where he was seen by Dr. Magee. (Mr. Hostetler had been a patient of that office since the mid-1980s. However, Dr. Magee did not join the group until 1996 and had not personally treated Mr. Hostetler prior to July 30, 1997.) Dr. Magee's office note from the July 30 visit states that Mr. Hostetler had been released from the hospital the previous week after suffering from heat exhaustion. The office note states that Mr. Hostetler presented with complaints of "persistent weakness in his upper extremities and recurrent headache." Dr. Magee's office note includes a reference to Mr. Hostetler being a truck driver.
After examining Mr. Hostetler, Dr. Magee prescribed two medications for him, Soma (a muscle relaxant) and Esgic-Plus (a barbiturate). Dr. Magee testified in his deposition that he prescribed the Soma to treat Mr. Hostetler's muscle cramps and the Esgic-Plus to treat his headaches. Both drugs act as depressants on the central nervous system and can affect a patient's ability to safely operate a motor vehicle.
There are sharply disputed issues of fact as to whether Dr. Magee gave any warnings to Mr. Hostetler about the possible effects of the two drugs. Mr. Hostetler testified in his deposition that Dr. Magee gave him no warnings about the two drugs and did not advise against him driving while under the influence of the medications. On the other hand, Dr. Magee testified in an affidavit and in his deposition that he did give appropriate warnings to Mr. Hostetler about the medications. In his affidavit, Dr. Magee stated that he told Mr. Hostetler that taking Soma and Esgic-Plus at the same time "can cause an enhanced effect and requires him to exercise caution when taking them and [advised him] to follow the instructions I had given him not to drink, drive or operate machinery."
Mr. Hostetler filled the two prescriptions at a local pharmacy. On the day of the accident, he took one Soma and one Esgic-Plus at breakfast (at approximately 10:00 a.m.) and again took one dose of each drug at lunch (at approximately 2:00 p.m.). Mr. Hostetler and the two people who were passengers in his pickup truck at the time of the accident each testifi
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