Black v. ST. TAMMANY PARISH HOSP.

994 So. 2d 113, 2008 WL 3875260
CourtLouisiana Court of Appeal
DecidedAugust 21, 2008
Docket2008 CW 0855
StatusPublished
Cited by3 cases

This text of 994 So. 2d 113 (Black v. ST. TAMMANY PARISH HOSP.) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Black v. ST. TAMMANY PARISH HOSP., 994 So. 2d 113, 2008 WL 3875260 (La. Ct. App. 2008).

Opinion

994 So.2d 113 (2008)

Susan BLACK
v.
ST. TAMMANY PARISH HOSPITAL, Dr. Robert Capitelli, Patti Ellish, Judy Gracia, and Barbara Oakes.

No. 2008 CW 0855.

Court of Appeal of Louisiana, First Circuit.

August 21, 2008.
Rehearing Denied October 14, 2008.

*114 J. Arthur Smith, III, Baton Rouge, Louisiana, for Plaintiff-Relator Susan Black.

Charles H. Hollis, New Orleans, Louisiana, for Defendants-Respondents, St. Tammany Parish Hospital, Dr. Robert Capitelli, Patti Ellish, Judy Gracia, and Barbara Oakes.

Before PARRO, KUHN, and DOWNING, JJ.

PER CURIAM.

At issue in this whistleblower action initiated by a former employee of a family medical clinic against the clinic's owner, the St. Tammany Parish Hospital, and several of its employees is whether the trial court erred in sustaining the defendants' declinatory exception raising the objection of improper venue, thereby transferring the suit to St. Tammany Parish, when all of the alleged acts of retaliation and the plaintiffs ultimate termination occurred at her former place of employment in Washington Parish.

FACTS

Susan Black ("plaintiff") was employed at the Family Medical Clinic in Washington Parish as a licensed practitioner nurse. Some time during or after July 2004, the plaintiff reported the mishandling and mismanagement of prescription drugs by another clinic employee to the human resources department. Thereafter, it is alleged that the plaintiff became the subject of harassment by her fellow employees and supervisors. On or about July 13, 2006, the plaintiff was placed on leave based on previous purported "write-ups" of unknown nature. Furthermore, on August 1, 2006, the plaintiff's employment with the Family Medical Clinic was terminated without explanation.

Accordingly, on July 30, 2007, the plaintiff, a resident and domiciliary of Washington Parish, filed this whistleblower action in the 22nd Judicial District Court for the *115 Parish of Washington against the St. Tammany Parish Hospital, in its capacity as owner of the Family Medical Clinic. The plaintiff also named as defendants the following employees of St. Tammany Parish Hospital, all of whom are domiciliaries of St. Tammany Parish: (1) Dr. Robert Capitelli, Senior Vice President and Chief Medical Officer of St. Tammany Parish Hospital; (2) Patti Ellish, President and Chief Executive Officer of St. Tammany Parish Hospital; (3) Judy Gracia, Vice President of Human Resources of St. Tammany Parish Hospital; and (4) Barbara Oakes, a manager at the Family Medical Clinic. The defendants collectively answered the suit and asserted a reconventional demand, seeking attorney fees and court costs pursuant to the provisions of La. R.S. 23:1967(D).[1]

The defendants also filed a separate declinatory exception, raising the objection of improper venue, citing La. R.S. 46:1063, which provides that "[t]he police jury creating a hospital service district, with corporate powers, shall designate the domicile of such corporation, at which domicile it shall be sued...." The defendants argued that under the plain wording of the statute, the St. Tammany Parish Hospital must be sued in St. Tammany Parish where it is domiciled. The plaintiff opposed the exception, citing La. R.S. 13:5104(B), which provides that "[a]ll suits filed against a political subdivision of the state or against an officer or employee of a political subdivision for conduct arising out of the discharge of his official duties or within the course and scope of his employment shall be instituted before the district court of the judicial district in which the political subdivision is located or in the district court having jurisdiction in the parish in which the cause of action arises." (emphasis added).[2] Under La. R.S. 13:5104(B), the plaintiff argued that the cause of action arose in Washington Parish, where the alleged acts of harassment and retaliation occurred, therefore making venue appropriate there.

The exception was set for hearing on January 14, 2008. Following argument, the trial court sustained in open court the defendants' exception raising the objection of improper venue. In his oral reasons, the trial court judge explained that La. R.S. 13:5104 warrants venue in Washington Parish, but under a balancing test, St. Tammany Parish is a better forum, since the defendants are predominantly located there. Thereafter, a written judgment sustaining the declinatory exception and transferring the suit to the Parish of St. Tammany was signed on January 30, 2008. This timely writ application followed.[3]

*116 DISCUSSION

Venue means the parish where an action or proceeding may properly be brought and tried pursuant to the rules regulating the subject. La.Code Civ. P. art. 41. The objection of improper venue raised in a declinatory exception declines the jurisdiction of the court, because the action has not been filed in the correct parish. See La.Code Civ. P. arts. 923 and 925(A)(4). When an action is brought in a court of improper venue, the court may dismiss the action, or in the interest of justice, transfer it to a court of proper venue. La.Code Civ. P. art. 121. Also, under the doctrine of forum non conveniens, for the convenience of the parties and the witnesses, in the interest of justice, a district court, upon contradictory motion or upon the court's own motion after contradictory hearing, may transfer a civil case to another district court where it might have been brought; however, no suit brought in the parish in which the plaintiff is domiciled, and in a court which is otherwise a court of competent jurisdiction and proper venue, shall be transferred to any other court pursuant to La.Code Civ. P. art. 123.

In asserting on writs in this case that Washington Parish is a proper venue, the plaintiff cites La. R.S. 13:5104(B), which provides, in pertinent part, that suits against a political subdivision of the state may be filed "in the district court having jurisdiction in the parish in which the cause of action arises." Applying that statute, the plaintiff alleges that all of the events that gave rise to this litigation, including the alleged harassment by her co-employees and her ultimate termination by her employer, occurred at the Family Medical Clinic in Washington Parish. Under these facts, the plaintiff argues that the cause of action clearly arose in Washington Parish, making that parish an appropriate venue under La. R.S. 13:5104(B).

In support of the argument that La. R.S. 13:5104(B) is applicable, the plaintiff relies primarily on the case of Rodrigue v. East Jefferson Gen. Hosp., 615 So.2d 1056 (La.App. 1 Cir. 3/5/93). In Rodrigue, a decedent's surviving family members brought a medical malpractice action in Terrebonne Parish against the two hospitals that treated the decedent, East Jefferson General Hospital ("EJGH") and Terrebonne General Medical Center, and several of their employees. In response, EJGH and one of its physicians filed separate declinatory exceptions raising the objection of improper venue. Upon original consideration, the trial court overruled the exceptions, and an appeal was taken to this court. On appeal, this court reasoned that venue as to EJGH was proper in Jefferson Parish under La. R.S. 46:1063, because that is where the hospital was domiciled. 615 So.2d at 1058. However, this court did *117 not end its inquiry there, but looked further at the venue provisions under La. R.S. 13:5104(B). Id. This court explained that La.R.S.

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Related

Black v. St. Tammany Parish Hospital
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5 So. 3d 187 (Louisiana Court of Appeal, 2008)

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Bluebook (online)
994 So. 2d 113, 2008 WL 3875260, Counsel Stack Legal Research, https://law.counselstack.com/opinion/black-v-st-tammany-parish-hosp-lactapp-2008.