Melanie Miller v. Gary D. Niblack

This is an action for negligence in the conducting of a paternity test. The trial court entered summary judgment in favor of the appellees, Gary D. Niblack, M.D., Laboratory Investments, Inc. and Ren Laboratories, Inc. d/b/a Ren Histocompatibility Laboratory, a joint venture, and John Doe. The appellants, Melanie Miller, individually and as next friend for Ashley Miller Luna, a minor, and next friend of Gregory Luna, deceased, have appealed presenting the single issue of whether the trial court erred in doing so. For reasons hereinafter set forth, we affirm in part and reverse in part the judgment of the trial court. On October 30, 1990, Melanie Miller gave birth to a baby girl, Ashley. On May 22, 1991, Ms. Miller filed a petition to establish paternity against Gregory Luna in juvenile court. The court, ""upon motion of the state,"" ordered the parties to submit to blood tests. A paternity blood test was performed by Ren Histocompatibility Laboratory (RHL), where Dr. Niblack is employed as its director. RHL provided these services pursuant to its contract with the juvenile court of Memphis and Shelby County. The results of the test, which excluded Luna as the natural father of Ashley, were submitted to the court who dismissed the petition on June 4, 1991, ""due to [Luna] having been excluded by blood tests."" Luna died on February 18, 1992. On June 16, 1992, Miller filed a petition to establish the paternity of Ashley against Randall Carter in the juvenile court. The court ordered the parties to submit to blood tests which were once again performed by RHL. The tests excluded Carter as the father. The results of the tests were released to the juvenile court by letter dated September 9, 1992. The court dismissed Miller's petition on September 15, 1992.