2d 360 (holding that liability could lie under an ordinary negligence
standard where two gym coaches failed to notice 30 students gathered around a 10-minute "slap fight," even though both coaches were in the gymnasium at the time).
The court noted that it had already determined (hat when a negligence claim "arises out of policy, management or administrative decisions," it is "derived from ordinary negligence
Lee Ratner's and Eric Korenman's (the Rather defendants) motion for summary judgment on the plaintiff's ordinary negligence
The court agreed with the decision in that case, which was that the patient's claim was one for medical malpractice, and not ordinary negligence
The court held, inter alia, that the trial court erred in failing to recognize that the plaintiff's suit sounded both in medical malpractice and ordinary negligence
The Plaintiff filed a separate suit in the Court of Claims alleging ordinary negligence
and vicariously against the University of Michigan Board of Regents.
However, the court found the allegations of the complaint to be so general and unspecific that Bazemore could produce various evidence in support of the allegations which could state claims that the hospital employee committed professional negligence or ordinary negligence
The issue was whether the case sounded in medical practice, in which case strict compliance with Florida law requiring that certain steps be taken prior to suit, or whether the case sounded in ordinary negligence
, in which case Florida law requiring that certain steps be taken prior to suit, was not applicable.
The courts were also confronted with the issue whether the alleged battery, amounted to an ordinary negligence
or constituted medical malpractice.
ISSUE: There is a difference between medical malpractice and ordinary negligence
Editor's Note: Despite the court's ruling in this case, many may envision circumstances in which an employee travelling in an employee's motor vehicle (be it a bus, automobile, aircraft, or boat), in circumstances sufficiently separate and distinct from employment; not only would Workers' Compensation not be applicable but ordinary negligence
law would be applicable.
In this case, the Michigan courts were faced with the issue of whether a patient's suit against a hospital sounded in ordinary negligence
or in medical malpractice