Sammie Lee Goodman v. James Phythyon

This is a plaintiff's appeal from the order of the trial court granting summary judgment. Plaintiff, Clinton Goodman, 1
filed his complaint against defendants James Phythyon, M.D., Rex Leatherwood, C.R.N.A., and Glenn Wolfson, M.D. on January
11, 1988. The complaint was voluntarily dismissed as to defendants Phythyon and Leatherwood and this appeal involves only
the summary judgment granted to defendant Wolfson. The plaintiff alleges that he was under the care of defendant Wolfson, an ophthalmologist, for cataract surgery, that Wolfson
arranged for the anesthesia to be administered by defendant Phythyon and that Phythyon turned the case over to his employee
Leatherwood, a nurse anesthetist. The complaint alleges various and sundry acts of negligence against the defendants Phythyon
and Leatherwood which we will not set out in detail since they are not involved further in the case. Plaintiff generally alleges
that these two defendants were guilty of negligence in their selection of the anesthetic agent, their use of the drug, and
their failure to supervise and maintain the plaintiff in a proper manner for the operation. The allegations of negligence
against the defendant Wolfson are set out in the complaint as follows: