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Fayette County Nursing Home, Llc D/B/A Southland Health & Rehabilitation And Clinical Services, Inc.v.Pri X-Ray, Llc Et Al.

CourtCourt of Appeals of Georgia
Docket No.A17A0485
DecidedJune 2, 2017
Reporter285 Ga. App. 494
JudgesCourt of Appeals of Georgia
Tags
CivilContract LawContract InterpretationNegligenceSummary JudgmentReversal
Case Summary

Fayette County Nursing Home sued PRI X-Ray and Georgia Ultrasound for failing to defend and indemnify the nursing home against claims arising from a resident’s death. The trial court granted summary judgment to PRI, concluding that the underlying claims did not fall within the service contract’s indemnity provision. The Georgia Court of Appeals reversed. The contract required PRI to provide qualified radiology services, communicate with the nursing home, and maintain professional and regulatory standards. The appellate court held that the allegations in the underlying death-related claims arose from PRI’s contractual duties, including its communication with the radiologist and its obligation to provide consultation. It further held that the indemnity language covered those claims and required PRI to provide a defense. The court reversed the grant of summary judgment to PRI.

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Fayette County Nursing Home, Llc D/B/A Southland Health & Rehabilitation And Clinical Services, Inc. V. Pri X-Ray, Llc Et Al. — The Atlanta Gleaner