Black v. St. Tammany Parish Hospital

25 So. 3d 711, 2009 La. LEXIS 3068, 2009 WL 3682568
Supreme Court of Louisiana·Decided November 6, 2009·No. 2008-CC-2670·Published·Cited by 19 cases

Opinion

KNOLL, Justice. *

| tThis whistle blower action presents the issue of whether La.Rev.Stat. § 46:1063 provides an exclusive, mandatory venue provision for suit against a hospital service district, which controls over the general venue provision for political subdivisions set forth in La.Rev.Stat. § 13:5104(B). Pursuant to La.Rev.Stat. § 13:5104(B), plaintiff, Susan Black, a former medical clinic employee, filed the instant action in Washington Parish, where her cause of action allegedly arose, against the clinic’s owner, St. Tammany Parish Hospital Service District No. 1 d/b/a St. Tammany Parish Hospital (“hospital”), among other defendants. In response, defendants filed a declinatory exception of improper venue, arguing that, under La.Rev.Stat. § 46:1063, the hospital must be sued in St. Tammany Parish, where it is domiciled. The district court granted defendant’s exception and transferred the suit to St. Tammany Parish. On supervisory review, the court of appeal reversed and remanded the matter, finding the provisions of La. Rev.Stat. § 13:5104(B) controlling. We granted writ to address the correctness ml non of the court of appeal’s ruling. Black v. St. Tammany Parish Hospital, 08-2670 (La.5/15/09), 8j2_So.3d 569. For the following reasons, we find in accord with well-established rules of statutory interpretation that the specific venue provisions of La.Rev.Stat. § 46:1063 governing hospital service districts prevail as an exception to the general venue provisions contained in La.Rev.Stat. § 13:5104(B). Accordingly, we reverse the judgment of the court of appeal and reinstate the district court’s ruling on the declinatory exception of improper venue, remanding this matter to the 22nd Judicial District Court for the Parish of St. Tammany.

FACTS AND PROCEDURAL HISTORY

As alleged in the petition, plaintiff was employed at the Family Medical Clinic in Washington Parish as a Licensed Practitioner Nurse (LPN) when the clinic was taken over by the hospital in January 2004. At that time, plaintiff continued her employment with the clinic as an employee of the hospital. Then, some time around July 2004, plaintiff “discovered that another employee was mishandling medications and improperly managing controlled substances by writing prescriptions without the legal authority to do so, refilling medications without the legal authority to do so, and things of that nature.” Petition for Damages at p. 1, Black v. St. Tammany Parish Hospital, 96083 (22nd JDC, Div. “G”, Parish of Washington 7/30/07), 2007 WL 6867995. Plaintiff reported this misconduct to the human resources department. Following her report, plaintiff became the subject of harassment by her fellow employees and supervisors. During this time, plaintiff “was never given any ‘write-ups’ or other corrective materials or oral warnings or remindersId. at p. *713 2. Even so, on or about July 13, 2006, plaintiff was placed on leave. Her employment with the Family Medical Clinic was then terminated without explanation on August 1, 2006.

Subsequently, on July 30, 2007, plaintiff, a resident and domiciliary of Washington Parish, filed this whistle blower action pursuant to La.Rev.Stat. § |s23:967 1 in the 22nd Judicial District Court for the Parish of Washington against the hospital, in its capacity as owner of the Family Medical Clinic. Plaintiff also named as defendants several executives of the hospital and a manager of the Family Medical Clinic. 2

In response, defendants collectively filed a declinatory exception, raising the objection of improper venue, citing the provisions of La.Rev.Stat. § 46:1063, which provide:

The police jury creating a hospital service district, with corporate powers, shall designate the domicile of such corporation, at which domicile it shall be sued and service of citation made on the director, and in his absence, upon the chairman of the commission, and in his or their absences, then upon the vice chairman of the commission; provided that in fixing the domicile of the district the police jury shall at all times fix the same at some place within the district.

Defendants argued that under the plain language of the statute, the hospital must be sued in St. Tammany Parish, where it is domiciled.

Plaintiff opposed the exception, citing the provisions of La.Rev.Stat. § 13:5104(B), which provide:

All 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.

|4Pursuant to La.Rev.Stat. § 13:5104(B), 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.

Following arguments on the exception, the district court sustained the defendants’ declinatory exception, transferring this matter to the 22nd Judicial District Court for the Parish of St. Tammany. In his oral reasons, the district judge explained:

So the Court has to do kind of a balancing act here. And I think I agree with you. Although I think there’s some — you can read all these codal articles. And one of them says shall. And one will come back and be conflicting in another sense. And so, it’s really, you can come up with just about any conclusion you want to. But I do think that 13:5104 permits the plaintiff to go forward in Washington Parish. She said she is a resident here.
*714 But looking at 46:1063, I think between that and 13:5104, it gives the Court the prerogative of saying, doing my balancing act. And I think that’s one of the things the judge has to do. You have to balance all the apples and all the oranges and see where best justice would be, would be addressed.

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Black v. St. Tammany Parish Hospital, 25 So. 3d 711, 2009 La. LEXIS 3068, 2009 WL 3682568 (La. 2009).

25 So. 3d 711 (Black v. St. Tammany Parish Hospital) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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