Ex parte Fairfield Nursing and Rehabilitation Center, LLC, et al. In re: Myrtis Hill
Fairfield Nursing and Rehabilitation Center, LLC, et al.
(Jefferson Circuit Court, Bessemer Division, CV-06-1266).
Justice. Stuart, Bolin, Parker, Wise, and Bryan, JJ., concur.
Moore, C.J., and Murdock and Shaw, JJ., dissent.
FOR WRIT OF MANDAMUS
Nursing and Rehabilitation Center, LLC ("
Fairfield" ); D& N, LLC (" D& N" ); DTD HC,
LLC (" DTD" ); Aurora Cares, LLC (alleged to be
doing business, and herein sometimes referred to, as "
Tara Cares" ); and Aurora Healthcare, LLC ("
Aurora" ) (hereinafter sometimes referred to
collectively as " the defendants" ), petition this
Court for a writ of mandamus, directing the trial court to
vacate its February 6, 2015, order denying their "
Motion to Quash Depositions and Motion for Protective Order,
and Motion to Reconsider January 30, 2015[,] Order."
The defendants also request that we direct the trial court to
grant their motion. We grant the petition and issue the writ.
Facts and Procedural History
September 25, 2006, Myrtis Hill
(" Hill" ) filed an action in the Jefferson
Circuit Court, Bessemer Division, against Fairfield; D& N;
DTD; Donald T. Denz (" Denz" ); Norbert A. Bennett
(" Bennett" ); Tara Cares; and
Aurora. In the complaint, Hill asserted:
" 4. In May 2006 ... Hill ... was a patient at
[Fairfield]. At the time of admittance[,] [Fairfield]
undertook and agreed to provide [Hill] with all necessary and
proper care for [Hill's] physical health, and medical
" 5. On [Hill's] admittance to [Fairfield], [Hill]
had no broken bones.
" 6. On May 10, 2006, ... Hill ... suffered a broken leg
while under the care of [a Fairfield] employee, [who,] while
attempting to transfer [Hill to a bedside commode],
negligently dropped her to the floor thereby breaking
[Hill's] right leg and causing severe injury to both of
" 7. Upon information and belief, Defendants, their
employees, and assigns negligently used said lift in
attempting to lower [Hill,] thereby deviating from their own
safety rules as well as those imposed by state and federal
addition to the medical-negligence claim, Hill also stated a
claim of " breach of contract/piercing the corporate
August 2009 and October 2009, Hill deposed, among other
persons, Chance Becnel, the corporate representative of Tara
Cares; Denz, the corporate representative of both DTD and
Aurora; and Bennett, the corporate representative of D&
N. Hill also deposed Denz and Bennett in
their individual capacities in 2009; additionally, Hill
deposed 14 Fairfield employees and 2 other Tara Cares
defendants moved the trial court for a summary judgment;
after holding a hearing, the trial court denied the motion.
Subsequently, the defendants moved the trial court to "
reconsider" its denial of their ...