Allen v. Montgomery Hospital

22 Pa. D. & C.4th 150, 1994 Pa. Dist. & Cnty. Dec. LEXIS 110
CourtPennsylvania Court of Common Pleas, Montgomery County
DecidedNovember 9, 1994
Docketno. 83-16964
StatusPublished

This text of 22 Pa. D. & C.4th 150 (Allen v. Montgomery Hospital) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Montgomery County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Allen v. Montgomery Hospital, 22 Pa. D. & C.4th 150, 1994 Pa. Dist. & Cnty. Dec. LEXIS 110 (Pa. Super. Ct. 1994).

Opinion

NICHOLAS, P.J.,

This opinion is necessitated by plaintiffs’ appeal to the Superior Court of Pennsylvania from our order dated August 18, 1994, denying plaintiffs’ motion and supplemental motion for post-trial relief and entering judgment in favor of defendants, Montgomery Hospital and Paul R. Casey Jr., M.D.

Plaintiffs are Anne L. Allen, a/k/a Nancy Allen, and her parents and guardians, Walter E. Allen and Anne M. Allen. Plaintiffs commenced this action by writ of summons, filing their complaint against defendants on November 20,1984. In their complaint, plaintiffs alleged that defendants were responsible for negligent treatment of Nancy which resulted in Nancy sustaining severe personal injuries, including hypoxic-encephalopathy causing permanent brain damage. Plaintiffs’ complaint further alleged that defendants’ negligence aggravated Nancy’s pre-existing mental retardation and psychosis.

On December 4, 1990, defendants filed a motion in limine, requesting — upon the court’s consideration of a set of facts stipulated to by all parties — a ruling as to whether the provisions of the Mental Health Procedures Act, 50P.S. §7101 et seq, governed this case. By opinion and order dated June 11, 1991, the Honorable Stanley R. Ott of this court granted defendants’ motion and ruled that “the standard of negligence set forth in section 7114 of the Mental Health Procedures Act shall be applied as the law of the case.”

[152]*152Section 7114 provides, in pertinent part, that:

“(a) In the absence of willful misconduct or gross negligence ... a physician ... or any other authorized person who participates in a decision that a person be examined or treated under this act ... shall not be civilly or criminally liable for such decision or for any of its consequences.”

The primary effect of Judge Ott’s ruling was that, in order to prevail on the issue of liability, plaintiffs would be required to establish at trial by a preponderance of the evidence that defendants committed gross negligence in their treatment of Nancy.1

Pursuant to Pa.R.A.P. 702(b), Judge Ott certified his decision for an interlocutory appeal to the Superior Court. (See Judge Ott’s order dated July 9, 1991.) The Superior Court, by per curiam order dated October 17, 1991, declined to hear defendants’ appeal. Defendants subsequently filed a petition for allowance of appeal to the Supreme Court of Pennsylvania, which was denied per curiam by order dated April 22, 1992.

The case came on for trial before the undersigned and a jury, beginning October 4, 1993, with testimony commencing on October 6, 1993. The jury returned its verdict on October 21, 1993, finding that the conduct of neither defendant was grossly negligent. Under 50 P.S. §7114, defendants thus could have no liability to plaintiffs for Nancy’s injuries.

Plaintiffs filed their motion for post-trial relief on October 29, 1993, supplementing their motion on November 1, 1993. Oral argument on plaintiffs’ motion was heard before the undersigned on August 17, 1994. Following argument, and after consideration of the briefs [153]*153of counsel, this court, by order dated August 18, 1994, denied plaintiff’s motion and supplemental motion for post-trial relief and entered judgment in favor of defendants and against plaintiffs, upon the verdict of the jury.

Plaintiffs filed their notice of appeal to the Superior Court of Pennsylvania on August 29, 1994. By order dated August 31, 1994, this court directed plaintiffs to file and serve upon the undersigned trial judge a concise statement of matters complained of on appeal, pursuant to Pa.R.A.P. 1925(b). Plaintiffs filed their concise statement on September 14, 1994.

In paragraphs one and two of their concise statement, plaintiffs contend that the court erred in applying the immunity provisions of 50 PS. §7114 to defendants in the instant case. We disagree. At trial, the undersigned specifically adopted Judge Ott’s ruling in this regard as the law of the case. (N.T., October 6, 1993, pp. 33-34.) On post-verdict review, we see no reason to amend our position, and we believe that Judge Ott’s opinion dated June 11, 1991 fully addresses the issues raised by plaintiffs in paragraphs one and two of their concise statement.

In paragraphs three and four of their concise statement, plaintiffs contend that the application of 50 PS. §7114 to this case violates the Equal Protection Clause of the United States and Pennsylvania Constitutions. Plaintiffs contend that section 7114, as applied, is unconstitutional because it creates “different rights of a mentally ill patient from the rights of the non-mentally ill patients in the same facility and under the care of the same doctor or hospital” and because it deprives “a person of rights, privileges and remedies based solely upon the patient being mentally ill.” We believe plaintiffs’ contentions in this regard to be without merit.

[154]*154We note first that it is settled law that a strong presumption of constitutionality attaches to any lawfully enacted legislation, and all doubts relating to a statute’s constitutionality must be resolved in that statute’s favor. Dansby v. Thomas Jefferson University Hospital, 424 Pa. Super. 549, 623 A.2d 816 (1993). The party challenging a statute’s constitutionality must rebut this presumption “by a clear, palpable, and plain demonstration that the statute violates a constitutional provision.” James v. SEPTA, 505 Pa. 137, 142, 477 A.2d 1302, 1304 (1984). In the instant case, plaintiffs cited this court no authority, nor has our research uncovered any, indicating that the application of section 7114, to this case is in any manner unconstitutional.

Plaintiffs’ complaint is that, under section 7114, plaintiffs were required to demonstrate gross negligence on the part of defendants in order to establish defendants’ liability. Nancy’s specific injuries resulted while she was restrained by a “posey device.” Because such devices also can be used for patients who are not mentally ill, plaintiffs contend that it is a violation of equal protection for Nancy to be required to prove gross negligence whereas a patient injured in a posey device who was not mentally ill would need prove only ordinary negligence in order to recover. We disagree.

The right to equal protection of the law does not deny the legislature the power to treat different classes of persons in different ways. Rather it requires that distinctions between classifications of persons be justifiable according to the appropriate degree of constitutional scrutiny. Commonwealth v. Bell, 512 Pa. 334, 516 A.2d 1172 (1986); In re Estate of Long, 410 Pa. Super. 607, 600 A.2d 619 (1992); Estate of Cox, 327 Pa. Super. 479, 476 A.2d 367 (1984).

[155]*155Where a statutory scheme creates a “suspect” classification (e.g. one based upon race or religion), or when the legislation restricts the exercise of a fundamental right (e.g.

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Bluebook (online)
22 Pa. D. & C.4th 150, 1994 Pa. Dist. & Cnty. Dec. LEXIS 110, Counsel Stack Legal Research, https://law.counselstack.com/opinion/allen-v-montgomery-hospital-pactcomplmontgo-1994.