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Stockbridge Dental Grp., P.C. v. Freeman
Factual and Procedural Background
Myrtle Freeman initiated a dental malpractice lawsuit against Stockbridge Dental Group, P.C. (“SDG”). SDG responded with a counterclaim and affirmative defenses based on an exculpatory clause and covenant not to sue that Freeman had signed before receiving treatment. The trial court granted Freeman's motions to strike SDG's counterclaim and affirmative defenses, ruling that the exculpatory clause violated public policy and was unenforceable under the precedent set by Emory University v. Porubiansky. SDG sought interlocutory review of this order, leading to the present appeal.
Legal Issues Presented
- Whether the exculpatory clause and covenant not to sue signed by Freeman are enforceable or void as against public policy under Georgia law.
- Whether the precedent established in Emory University v. Porubiansky controls the enforceability of such exculpatory clauses in dental malpractice cases.
- Whether the trial court abused its discretion in striking SDG's counterclaim and affirmative defenses based on the exculpatory clause.
Arguments of the Parties
Stockbridge Dental Group's Arguments
- Argued that the Emory University v. Porubiansky precedent does not control the instant case because SDG’s exculpatory clause was limited to SDG’s liability, unlike the broader clause in Emory that barred claims against both the clinic and individual dentists.
- Contended that Emory applies only to exculpatory clauses with global release language, not to clauses with limited release as in this case.
- Relied on cases involving professional duties distinct from dentistry (e.g., accountants and engineers) to argue that those precedents support enforceability of limited exculpatory clauses.
- Asserted that the factual distinction between SDG as a private dental office and a dental school clinic in Emory should affect the application of the precedent.
- Raised a jurisdictional argument that the trial court lacked jurisdiction to rule on Freeman’s declaratory relief claim, which was waived on appeal.
Freeman's Arguments
- Maintained that the exculpatory clause and covenant not to sue violated public policy and were therefore unenforceable.
- Sought declaratory judgment that the exculpatory clause was void as against public policy.
- Argued that SDG could not contractually relieve itself from the duty to exercise reasonable care in dental services.
Table of Precedents Cited
| Precedent | Rule or Principle Cited For | Application by the Court |
|---|---|---|
| Emory University v. Porubiansky, 248 Ga. 391, 282 S.E.2d 903 (1981) | Exculpatory clauses in dental malpractice cases that attempt to waive duty of care are void as against public policy. | The court held that the exculpatory clause and covenant not to sue in the instant case fall within the purview of Emory and are thus unenforceable. |
| Porubiansky v. Emory Univ., 156 Ga.App. 602, 275 S.E.2d 163 (1980) | Preceding appellate decision affirming that exculpatory clauses in dental malpractice contexts violate public policy. | Referenced as foundational to the Supreme Court’s ruling in Emory, supporting the trial court’s decision. |
| Cogland v. Hosp. Auth. of City of Bainbridge, 290 Ga.App. 73, 658 S.E.2d 769 (2008) | Standard of review for motions to strike affirmative defenses: abuse of discretion. | The court applied this standard to affirm the trial court’s ruling on the motion to strike. |
| Wellbaum v. Murphy, 122 Ga.App. 654, 178 S.E.2d 690 (1970) | Motion to strike defenses should be granted only when plaintiff would succeed despite any facts supporting the defense. | The court used this principle to evaluate the propriety of striking SDG’s counterclaim and defenses. |
| TSG Water Resources v. D'Alba & Donovan Certified Public Accountants, 260 Fed.Appx. 191 (11th Cir. 2007) | Exculpatory clauses involving accountants and professional duties distinct from medical/dental professionals. | The court distinguished this case from the instant one, noting it did not involve dental malpractice and thus was not persuasive. |
| Mosteller Mansion, LLC v. Mactec Engineering & Consulting of Ga., 190 N.C.App. 674, 2008 WL 2096769 (N.C.Ct.App. 2008) | Exculpatory clauses in engineering contracts limiting damages. | The court rejected reliance on this case because it did not involve dental professional negligence and the scope of release differed. |
| Westmoreland v. JW, LLC, 313 Ga.App. 486, 722 S.E.2d 102 (2012) | Procedural rule that parties cannot expand enumerations of error through argument in briefs. | Applied to find SDG waived its jurisdictional argument on appeal. |
Court's Reasoning and Analysis
The court carefully examined the exculpatory clause signed by Freeman and found it substantially similar in purpose to the clause invalidated in Emory University v. Porubiansky. The court emphasized that SDG, like the dental clinic in Emory, is engaged in the practice of dentistry and owes a duty to exercise reasonable care to its patients. The exculpatory clause attempted to relieve SDG entirely from this duty, which the court held is void as against public policy.
The court rejected SDG’s argument that Emory was inapplicable because the clause here was limited to SDG’s liability, noting that the Supreme Court in Emory invalidated the clause as to both the clinic and individual dentists, underscoring that a dental provider cannot contractually avoid its duty of care.
Further, the court distinguished cases cited by SDG involving accountants and engineers, explaining that professional duties in those fields are not analogous to those of dental professionals, and thus those precedents do not undermine the applicability of Emory.
Finally, the court rejected SDG’s factual distinction that it is a private dental office rather than a dental school clinic, citing the Supreme Court’s holding that a training institution is not exempt from the duty of care and thus neither is a private dental office.
Accordingly, the trial court’s decision to strike SDG’s counterclaim and affirmative defenses based on the exculpatory clause was not an abuse of discretion.
Holding and Implications
The Court of Appeals of Georgia affirmed the trial court’s order striking Stockbridge Dental Group, P.C.’s counterclaim and affirmative defenses based on the exculpatory clause and covenant not to sue.
This decision directly invalidates the enforceability of exculpatory clauses in dental malpractice cases that seek to relieve dental providers from their duty of reasonable care, reinforcing the precedent set by Emory University v. Porubiansky. The ruling does not establish new precedent but confirms that such clauses are void as against public policy in Georgia.
MILLER
William Paul Mason, Atlanta, for Stockbridge Dental Group, P.C. Curtis A. Thurston, Jr., Atlanta, John Douglas Rogers, Jr., for Freeman.
MILLER, Judge.
Myrtle Freeman brought a dental malpractice action against Stockbridge Dental Group, P.C. (“SDG”), in response to which SDG asserted a counterclaim and affirmative defenses based upon an exculpatory clause and covenant not to sue contained in a form signed by Freeman prior to her treatment. The trial court granted Freeman's motions to strike SDG's counterclaim and affirmative defenses, finding that the exculpatory clause was against public policy and unenforceable under Emory University v. Porubiansky, 248 Ga. 391, 282 S.E.2d 903 (1981). This Court granted SDG's request for interlocutory review of the trial court's order. On appeal, SDG argues that Emory, supra, 248 Ga. 391, 282 S.E.2d 903, is not controlling, and that SDG's exculpatory clause did not violate public policy. We disagree and conclude that this case does in fact fall within the purview of Emory, and therefore, the exculpatory clause and covenant not to sue were void as against public policy.
“We review a trial court's decision on a motion to strike for an abuse of discretion.” (Citation omitted.) Cogland v. Hosp. Auth. of City of Bainbridge, 290 Ga.App. 73, 74(1), 658 S.E.2d 769 (2008). OCGA § 9–11–12(f) provides that “[u]pon motion ..., the court may order stricken from any pleading any insufficient defense or any redundant, immaterial, impertinent, or scandalous matter.” Moreover, “a motion to strike a defense should not be granted unless it appears to a certainty that the plaintiff would succeed despite any state of facts which could be proved in support of the defense.” (Citations omitted.) Wellbaum v. Murphy, 122 Ga.App. 654(1), 178 S.E.2d 690 (1970).
In her malpractice complaint against SDG and Dr. Anup Dadhania, the treating dentist who was employed by SDG, Freeman acknowledged that she had signed a form in which she had promised not to sue SDG regarding her dental care. In relevant part, this form provided as follows:
We note that Dr. Dadhania is not a party to this appeal.
You will be seeing Dr. Anup Dadhania today and he ... will be solely responsible for your dental care. No other party or person shall be liable.
... I understand that each dentist is an individual practitioner and is individually and solely responsible for the dental care rendered to me and any associated financial matters. I agree to this covenant not to sue the corporation that employs the dentist or its shareholders regarding my dental care and associated financial matters.
In the last count of her complaint, Freeman sought declaratory judgment stating that this exculpatory clause violated public policy.
In SDG's answer, it asserted a counterclaim against Freeman, claiming that she had breached her covenant not to sue, and it also raised several affirmative defenses based upon the exculpatory clause. Freeman filed motions to strike SDG's counterclaim and affirmative defenses. The trial court found that the exculpatory clause was contrary to public policy under Porubiansky v. Emory Univ., 156 Ga.App. 602, 275 S.E.2d 163 (1980), aff'd, Emory, supra, 248 Ga. 391, 282 S.E.2d 903, and granted Freeman's motions to strike SDG's counterclaim, as well as its affirmative defenses that relied upon the exculpatory clause. The trial court certified its order for immediate review, and this Court granted SDG's application for interlocutory appeal. In four enumerations of error, SDG essentially argues that Emory does not control the instant case, and that the exculpatory clause did not violate public policy. SDG's arguments are without merit.
Embedded as a footnote in its first enumeration of error, SDG also argues that this Court should reverse the trial court's order because the trial court did not have jurisdiction to rule on Freeman's equitable claim for declaratory relief. “But a party cannot expand its enumerations of error through argument or citation in its brief. Hence, [SDG] has waived and abandoned this assertion of error for purposes of appeal.” (Citations and punctuation omitted.) Westmoreland v. JW, LLC, 313 Ga.App. 486, 491(4) n. 1, 722 S.E.2d 102 (2012).
In Emory, supra, 248 Ga. at 392, 282 S.E.2d 903, a dental patient sued Emory University's School of Dentistry Clinic and one of its employee-dentists for malpractice. Emory asserted that the signing of an information-consent form was a complete bar to the action, and the trial court granted summary judgment to Emory and the dentist based upon the exculpatory clause in the form. Id. That clause provided, in pertinent part, as follows:
In consideration of Emory University School of Dentistry performing dental treatment, I do hereby expressly waive and relinquish any and all claims of every nature I ... may have against Emory University, its officers, agents, employees, or students, their successors, assignees, administrators, or executors; and further agree to hold them harmless as the result of any claims ... arising out of any dental treatment rendered, regardless of its nature or extent.
(Punctuation omitted.) Id. The Supreme Court of Georgia affirmed this Court's holding that such clause was void as against public policy and invalid as a defense to the patient's dental malpractice action. Id. at 391–392, 394–395, 282 S.E.2d 903.
Despite the fact that Emory is almost squarely on point with this case, SDG nevertheless argues that Emory does not control because its exculpatory clause limited only SDG's liability, whereas the clause in Emory purported to completely bar all claims against not only the clinic, but also that of the dentists and dental students. According to SDG, Emory “plainly applies only to an exculpatory clause with global release language, not an exculpatory clause with a limited release ... as in this case.” SDG misconstrues the holding of Emory. Notably, the Supreme Court in Emory, supra, 248 Ga. at 395, 282 S.E.2d 903, held that the exculpatory clause was void as to both the clinic and the dentist. The Supreme Court concluded that the dental clinic itself was engaged in the practice of dentistry and was under a duty to exercise reasonable care. Id. at 393, 395, 282 S.E.2d 903. Here, “in offering services to the public[, SDG] is [likewise] engaged in the practice of dentistry.” (Punctuation omitted.) Id. at 395, 282 S.E.2d 903. Thus, like the dental clinic in Emory, SDG was under a duty to exercise reasonable care and skill in the performance of dental services. And SDG cannot relieve itself from that duty via the exculpatory clause used in this case.
The cases cited by SDG do not persuade us otherwise. Notably, in further support of its argument that Emory does not apply to exculpatory clauses with limited release language, SDG cites TSG Water Resources v. D'Alba & Donovan Certified Public Accountants, 260 Fed.Appx. 191 (11th Cir.2007), and Mosteller Mansion, LLC v. Mactec Engineering & Consulting of Ga., No. COA07–664, 190 N.C.App. 674, 2008 WL 2096769, at *3(II) (N.C.Ct.App. May 20, 2008) (applying Georgia law). Significantly, however, neither case involved the negligence of dental professionals. TSG involved an exculpatory clause purporting to eliminate the duty of care for accountants; the Eleventh Circuit expressly held that it was “not persuaded that the duties of an accountant are analogous to the duties of a medical or dental professional.” TSG Water Resources, supra, 260 Fed.Appx. at 204(V). And Mosteller, supra, 2008 WL 2096769, at *1, involved exculpatory language used by an engineering firm. Moreover, the exculpatory clauses in those cases were limited insofar as they limited the types of damages that could be sought. TSG Water Resources, supra, 260 Fed.Appx. at 204(V);Mosteller, supra, 2008 WL 2096769, at *6 (III)(B). While the exculpatory clause here was limited in its application to SDG, it nevertheless purported to preclude legal action against SDG entirely, thereby eliminating its duty of care. A dental office is not permitted to do this under Emory.
Finally, SDG contends that Emory is factually distinguishable from the instant case because SDG is a dental office rather than a school of dentistry. This factual distinction, however, was implicitly rejected by the Supreme Court in Emory. In Emory, supra, 248 Ga. at 395, 282 S.E.2d 903, the Supreme Court held that the clinic's status as primarily a training institution did not allow for an exemption from the duty to exercise reasonable care. And since a training institution is “not exempted from the standard of care necessary for the protection of the public,” id., then neither is a private dental office such as SDG.
In sum, the exculpatory clause and covenant not to sue used in this case clearly fall within the purview of Emory. Therefore, contrary to SDG's contention otherwise, the clause and covenant were void as against public policy. As such, the trial court did not abuse its discretion in granting Freeman's motions to strike SDG's counterclaim and affirmative defenses that relied upon the exculpatory clause and covenant not to sue.
Judgment affirmed. MIKELL, P.J., and BLACKWELL, J., concur.
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