Cowen v. Steiner

689 So. 2d 516, 1997 WL 20564
CourtLouisiana Court of Appeal
DecidedJanuary 22, 1997
Docket96-830
StatusPublished
Cited by7 cases

This text of 689 So. 2d 516 (Cowen v. Steiner) 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
Cowen v. Steiner, 689 So. 2d 516, 1997 WL 20564 (La. Ct. App. 1997).

Opinion

689 So.2d 516 (1997)

Amanda Carol COWEN, Plaintiff-Appellant,
v.
David H. STEINER, M.D., Defendant-Appellee.

No. 96-830.

Court of Appeal of Louisiana, Third Circuit.

January 22, 1997.
Rehearing Denied April 8, 1997.

*518 Allan Dale Smith, for Amanda Carol Cowen.

Chris Smith, III, New Orleans, for David H. Steiner, M.D.

Before SAUNDERS, PETERS and GREMILLION, JJ.

PETERS, Judge.

Amanda Carol Cowen appeals a judgment which determined that her pleadings failed to state a cause of action or right of action for intentional interference with contractual relations and intentional infliction of emotional distress in connection with her suit against Dr. David H. Steiner.

DISCUSSION OF THE RECORD

Amanda Carol Cowen included the following allegations in her pleadings. Sabine Valley Hospital, L.L.C., is a medical rehabilitation facility serving Southwest Louisiana in Merryville, Louisiana. Although a corporation, Sabine is wholly co-owned by Mark Goff and Jimmy Morgan. Alan Fisher is the hospital administrator, and Dr. David H. Steiner, an orthopedist, is the medical director. The hospital employs over thirty people, including licensed physical, occupational, and speech therapists; a nutritionist; a pharmacist; radiologists; laboratory specialists; case managers; medical doctors; and licensed nurses. Dr. Steiner was an independent contractor, and not an employee of Sabine. As the medical director and the only staff orthopedist, Dr. Steiner was the de facto "`gate keeper.'" It was his responsibility to determine the necessity and the extent of in-patient treatment for every prospective patient.

Ms. Cowen also alleged that on January 31, 1994, Sabine entered into an oral contract of employment with Ms. Cowen. The contract required Ms. Cowen to begin employment with the hospital's marketing department as a marketing representative. Ms. Cowen did not know that Dr. Steiner was employed by the hospital until approximately February 7, 1994. Ms. Cowen had previously worked for Dr. Steiner as his past-due-accounts-receivable collection specialist. This work was on a part-time basis in Leesville, Louisiana, at Dr. Steiner's private office during the period from October 1988 to August 1989. Ms. Cowen's employment with Dr. Steiner was terminated because of allegations of theft against her while in the employ of Dr. Steiner, which allegations against her were true in that she took money from Dr. Steiner without his authorization. In August 1989, Dr. Steiner performed surgery on Ms. Cowen and allegedly committed medical malpractice; a lawsuit is currently pending and waiting final disposition.

Ms. Cowen further alleged that on the morning of Thursday, March 24, 1994, a meeting was held at which Mr. Goff, Mr. Morgan, Mr. Fisher, and Dr. Steiner were present. The stated purpose of the meeting was for Dr. Steiner to sign his employment contract with Sabine. However, Dr. Steiner informed those present that he would not sign the contract until Ms. Cowen was fired. Dr. Steiner knew that Mr. Goff and Mr. Morgan were aware of the difficulty they would have in finding a replacement orthopedic doctor to work in such a small, rural hospital. Using his position as medical director, Dr. Steiner stated at this meeting to the owners that unless Ms. Cowen was fired immediately, he was "`walking out.'"

According to Ms. Cowen's pleadings, in the late afternoon of the same day, Mr. Goff summoned her to his office and told her:

*519 "This is the hardest thing I've ever had to do; but when you have a Medical Director pulling your strings, then you do what you are told. I'm going to have to let you go, but it has nothing to do with you. You've done a bang-up job!"

Mr. Goff then gave Ms. Cowen her "`pink slip,'" checking simply "`Discharge, (Fired)'" and writing on it "`Terminated'" as the explanation for the termination. On Monday, March 28, 1994, Dr. Steiner "`rewarded' " the owners by confecting a written employment contract with the hospital, guaranteeing his professional services to the facility on a permanent basis.

Ms. Cowen contended that by acting in such a prohibited manner, Dr. Steiner breached his duty to refrain form intentional, unjustified and malicious interference with the contractual relationship between the hospital and Ms. Cowen as per 9 to 5 Fashions, Inc. v. Spurney, 538 So.2d 228 (La.1989); La.Civ.Code art. 2315; and all other applicable jurisprudence and statutes. Ms. Cowen also alleged that the actions of Dr. Steiner constituted the tort of intentional infliction of emotional distress in that the conduct was extreme and outrageous, the emotional distress suffered by her was severe, and Dr. Steiner desired to inflict severe emotional distress or knew that severe emotional distress would be certain or substantially certain to result from his conduct. Ms. Cowen also alleged that the extreme and outrageous character of Dr. Steiner's conduct arose from an abuse of his position as medical director as well as his relationship with Sabine, which gave him power to affect his interests in specifically obtaining the termination of Ms. Cowen.

Dr. Steiner filed a peremptory exception of no cause of action or no right of action. On February 8, 1996, a hearing was held on the exception. The trial court sustained the exception as to the allegations of tortious interference with contractual relations and ordered those allegations stricken from the petition. The trial court found that the facts regarding the allegations of intentional infliction of emotional distress were not alleged, and the court granted the exception of failure to state a cause of action in that regard. The court granted a fifteen-day period to file the appropriate amendments alleging facts sufficient to support the allegations of intentional infliction of emotional distress. The record contains no amendments by Ms. Cowen in response to the trial court's statements. The trial court dismissed Ms. Cowen's claim. Ms. Cowen appeals.

OPINION

Although Dr. Steiner filed an exception of no cause of action or no right of action, the substance of Dr. Steiner's exception is that of no cause of action rather than no right of action. The function of the exception of no cause of action is to test the legal sufficiency of the petition by determining whether the law affords a remedy to the plaintiff on the facts that are alleged in the petition. Everything on Wheels Subaru, Inc. v. Subaru S., Inc., 616 So.2d 1234 (La.1993). Evidence may not be introduced to support or controvert the objection of no cause of action. La.Code Civ.P. art. 931. Thus, the court must review the petition and accept well-pleaded allegations of fact as true, and the issue is whether, on the face of the petition, the plaintiff is legally entitled to the relief sought. Everything on Wheels Subaru, Inc., 616 So.2d 1234. However, the mere conclusions of the pleader that are unsupported by facts do not set forth a cause of action, since Louisiana retains a system of fact pleading. Montalvo v. Sondes, 93-2813 (La.5/23/94), 637 So.2d 127.

Tortious Interference with Contractual Relations

In 9 to 5 Fashions, Inc., 538 So.2d 228, the supreme court recognized a duty on the part of a corporate officer to refrain from the intentional interference with contractual relations between the officer's corporation and other persons, unless a reasonable justification for the officer's conduct exists. Specifically, the court stated:

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Cite This Page — Counsel Stack

Bluebook (online)
689 So. 2d 516, 1997 WL 20564, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cowen-v-steiner-lactapp-1997.