Bogalusa Community Medical Center v. Batiste

603 So. 2d 183, 1992 WL 128091
CourtLouisiana Court of Appeal
DecidedMarch 31, 1992
Docket90 CA 2135
StatusPublished
Cited by9 cases

This text of 603 So. 2d 183 (Bogalusa Community Medical Center v. Batiste) 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
Bogalusa Community Medical Center v. Batiste, 603 So. 2d 183, 1992 WL 128091 (La. Ct. App. 1992).

Opinion

603 So.2d 183 (1992)

BOGALUSA COMMUNITY MEDICAL CENTER
v.
Ethel BATISTE.

No. 90 CA 2135.

Court of Appeal of Louisiana, First Circuit.

March 24, 1992.
Dissenting Opinion March 31, 1992.
Rehearing Denied May 28, 1992.

*184 Dale Branch, Bogalusa, for plaintiff-appellee.

Lon Roberson, Baton Rouge, for defendant-appellant.

Before COVINGTON, C.J., and SAVOIE and LeBLANC, JJ.

LeBLANC, Judge.

Plaintiff, Bogalusa Community Medical Center (BCMC), filed this suit on open account to recover medical expenses in the amount of $10,844.81 for care provided by BCMC to defendant's husband prior to his death. On April 18, 1988, Mr. Stanley Batiste, Sr., was employed by BCMC in the capacity of a janitor. While working on BCMC's premises on that date, Mr. Batiste became ill. He subsequently died on April 21, 1988. Mr. Batiste's widow, Ethel Batiste, later filed suit against BCMC and its insurer, Aetna Casualty and Surety Company (Aetna), seeking to recover worker's compensation benefits. In that suit, Mrs. Batiste alleged that Mr. Batiste, Sr., had suffered a stroke while working within the course and scope of his employment for BCMC.

During April of 1989, Mrs. Batiste executed a release pursuant to which she acknowledged the receipt of $35,000.00 from Aetna. The release provided that in consideration of the $35,000.00 payment, Mrs. Batiste released BCMC and Aetna from "all past, present and/or future claims, demands, losses, damages, causes of action, and rights of action ... to which [Ms. Batiste] may be entitled, in any way resulting from and/or to result from the accidental death of Stanley Batiste, Sr. which occurred on or about April 18, 1988, including, without limitations whatsoever, ... claims ... for past, present, and/or future bodily and personal injuries, physical and mental pain and suffering, disabilities, disfigurements, loss of wages, medical expenses, other expenses, costs, property damage, any consequences of the foregoing, and any and all damages of whatsoever kind or character which may have been sustained and/or might in the future be sustained by appearer and Stanley Batiste, Sr. in any way resulting from the aforesaid accident." The release further stated that "this settlement is a compromise of doubtful and disputed claims and that the payment made is not to be construed as an admission of liability on the part of the party or parties hereby released, and that the said releases [sic] deny liability therefore and intend merely to avoid litigation and buy their peace."[1]

When the present suit was filed by BCMC against Ms. Batiste, she answered the suit, denying liability, and stated that "[t]he debt sued on is one arising out of a job related occurrence and the financial responsibility for the same is that of the employer, who is also plaintiff herein." After trial in this matter, the judge issued written reasons for judgment in which he found that Ms. Batiste had filed a worker's compensation suit against BCMC's insurer and that this claim was settled for $35,000.00. The court noted that Ms. Batiste contended that she was unaware of any unpaid medical bills, and therefore, the settlement was not intended to cover payment of these bills. However, this contention was rejected. The judge stated that he had carefully reviewed the worker's compensation compromise proceedings and found that a claim was made for a substantial sum of money for medical benefits, burial expenses, and other worker's compensation benefits. He further stated that Ms. Batiste was represented by counsel, and was aware of the existence of a substantial medical bill with BCMC. The judge also found that correspondence signed by Ms. Batiste's attorney established that Ms. Batiste and her attorney knew of the medical bill in question. The judge said, "To that extent, the Court does not find the attorney's testimony to the contrary credible." The judge determined that under these circumstances and based on the financial responsibility *185 form signed by Ms. Batiste during Mr. Batiste's hospitalization, that she was obligated to reimburse BCMC. The judge also found that BCMC was entitled to recover attorneys' fees due to a timely demand.

Accordingly, the trial court rendered judgment in the amount of $10,844.81, plus legal interest from the date of judicial demand, attorneys' fees and court costs. From this judgment, Mrs. Batiste appeals, raising the following assignments of error:

1. The trial judge erred in finding that a valid contractual obligation was created between the plaintiff and the defendant, making the defendant liable for medical expenses on an open account.
2. The trial judge erred in failing to find that the obligation to pay work-related medical expenses is the employer's obligation.
3. The trial judge erred in failing to find that the obligation to pay medical expenses to the plaintiff was extinguished by confusion because the plaintiff was both the obligor and the obligee.
4. The trial judge erred in failing to find that the plaintiff's action was "res judicata" due to a previous compromise.[2]

At trial, one of BCMC's accounts receivable clerks was called as a witness. The clerk testified that the hospital bill for the treatment received by Mr. Batiste amounted to $10,844.81 and that the bill had not been paid as of the date of trial. The clerk also identified a form entitled "CONDITIONS OF ADMISSION TO BOGALUSA COMMUNITY MEDICAL CENTER", which contained a financial responsibility section, and was signed by Mrs. Batiste as a guarantor.

Mrs. Batiste testified that although she signed this form, she did not understand what it meant. She said it was not explained to her that she would be responsible for her husband's medical bill. She further testified that when she signed the document she was unaware that BCMC might be responsible to pay her husband's bill. She stated that she never agreed to pay this medical bill after she settled the worker's compensation case. She explained that when she settled the worker's compensation case, she understood that no other debts were owed as a result of her husband's illness.

Additionally, Ms. Batiste explained that she did not pay the medical expenses incurred by her husband at BCMC because she had been advised by a woman who worked in the hospital's insurance office that the bill was paid in full. Mrs. Batiste testified that she was later notified, after filing suit to recover worker's compensation benefits, that she would have to pay the full amount of the hospital bill.

Mrs. Mazie Roberson, the attorney who represented Mrs. Batiste in her suit for worker's compensation benefits, also testified. She explained that the defendant's claim was settled for less than what the worker's compensation statutes provided for in the event of a work-related accident causing death. The attorney further testified that she and her client were not aware of the medical bill when she negotiated the settlement and, for that reason, no specific portion of the settlement figure represented medical expenses.

On rebuttal, BCMC offered the testimony of Mr. John Lenfant, the attorney who represented BCMC and Aetna in the worker's compensation case. He testified that he prepared the settlement documents, although another attorney was actually present when the documents were signed. Mr. Lenfant testified that when he drafted the settlement document "it was specifically intended that the medical expenses be included as part of the settlement figure that would be paid to Mrs. Batiste."

Mr.

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Cite This Page — Counsel Stack

Bluebook (online)
603 So. 2d 183, 1992 WL 128091, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bogalusa-community-medical-center-v-batiste-lactapp-1992.