Hansen v. Harper Excavating, Inc.

2014 UT App 180, 332 P.3d 969, 766 Utah Adv. Rep. 13, 59 Employee Benefits Cas. (BNA) 1895, 2014 WL 3747546, 2014 Utah App. LEXIS 183
CourtCourt of Appeals of Utah
DecidedJuly 31, 2014
DocketNo. 20130163-CA
StatusPublished
Cited by5 cases

This text of 2014 UT App 180 (Hansen v. Harper Excavating, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals of Utah primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hansen v. Harper Excavating, Inc., 2014 UT App 180, 332 P.3d 969, 766 Utah Adv. Rep. 13, 59 Employee Benefits Cas. (BNA) 1895, 2014 WL 3747546, 2014 Utah App. LEXIS 183 (Utah Ct. App. 2014).

Opinion

Opinion

BENCH, Senior Judge:

{1 Jeffrey Hansen appeals from the district court's order granting summary judgment in favor of Harper Excavating, Inc. (Harper) and Stacy Henderson (collectively, Defendants). Hansen argues that the district court erroneously determined that his claims required expert medical testimony regarding the cause of his injuries. We affirm.

BACKGROUND

2 In November 2008, Harper hired Hansen. In the first few days of his employment, Hansen submitted application forms to enroll in the health insurance plans offered by Harper. However, in February 2004, Hansen noticed that health insurance premiums were not being deducted from his paychecks, and he so informed Henderson, who was Harper's benefits coordinator. Henderson gave Hansen a second set of enrollment forms for him to complete, which he did in March 2004. At this point, insurance premiums began to be deducted from his paychecks, paying for coverage retroactive to the beginning of February 2004. Premiums continued to be deducted until Hansen quit working for Harper toward the end of April 2004.

13 Just weeks later, in May 2004, Hansen sought medical attention for breathing problems and discovered that he did not have health insurance. Hansen contacted Harper and was told he had no health insurance coverage. Harper sent Hansen a copy of a letter Harper had received from its insurer in mid-March 2004, declining Hansen's insurance application due to its untimely submission. Harper also sent Hansen a check to reimburse him for the amounts deducted from his paychecks as health insurance premiums.

4 Shortly thereafter, in early June 2004, Hansen went to the hospital seeking treatment for back pain. To help diagnose the back problem, the hospital recommended Hansen get an MRI, which he could not afford without insurance, and the hospital refused to admit him without insurance. But the pain continued over the next few weeks and eventually caused Hansen to be taken via ambulance to the hospital. The hospital admitted Hansen and performed an MRI, which led to the diagnosis of a staph infection in his spine. Hansen remained in the hospital for several days and stayed in a convalescent center for several weeks thereafter, but was still left with permanent back injuries after his recovery.

5 In November 2005, Hansen filed a lawsuit in federal court against Harper under the Employee Retirement Income Security Act. Hansen was successful in that lawsuit, and Harper was required to pay Hansen's medical bills. In the course of that litigation, [972]*972Hansen discovered new information underlying his insurance situation, which prompted him to bring the negligence claims of this case in state court. Also during the pen-dency of the federal case, Hansen lost his sight in one eye, which he alleges was due to his inability to pay for laser surgery that would have treated his glaucoma and saved his sight. Hansen further claims that his mental health has deteriorated due to his lack of insurance and the problems flowing from it, and that he now suffers from chronic depression.

T6 Defendants first moved for summary judgment on res judicata and judicial estop-pel grounds, and the district court denied their motion. Later, Defendants moved for summary judgment on the ground that the discovery deadline had passed for identifying expert witnesses and Hansen had failed to identify any expert witnesses to show causation. Hansen argued that expert testimony was not necessary, pointing out that several of his treating physicians had been identified as fact witnesses during discovery. Hansen alternatively requested leave to designate expert witnesses should the district court determine that such witnesses were necessary to prove causation. The district court determined that expert testimony was necessary under the facts of this case, denied Hansen's request for leave to designate expert witnesses, and granted summary judgment in favor of Defendants. Hansen appeals the entry of summary judgment.2

ISSUE AND STANDARD OF REVIEW

17 Hansen challenges the district court's grant of summary judgment in favor of Defendants. "'Because summary judgment is a conclusion of law, we give no deference to the trial court's conclusions of law but review those conclusions for correctness.'" Kent v. Pioneer Valley Hosp., 930 P.2d 904, 906 (Utah Ct.App.1997) (quoting Dalley v. Utah Valley Reg'l Med. Ctr., 791 P.2d 193, 195 (Utah 1990)).

ANALYSIS

I. The Summary Judgment Standard

¶ 8 Hansen initially argues that summary judgment was inappropriate because Defendants "failled] to provide facts to suggest their conduct did not cause Mr. Hansen's injuries." However, such a showing by Defendants is not necessary. Because Hansen would bear the burden of proof at trial, Defendants "may satisfy [their] burden on summary judgment by showing, by reference to 'the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, that there is no genuine issue of material fact." Orvis v. Johnson, 2008 UT 2, ¶ 18, 177 P.3d 600 (quoting Utah R. Civ. P. 56(c)). "Upon such a showing, whether or not supported by additional affirmative factual evidence, the burden then shifts to [Hansen], who ... 'must set forth specific facts showing that there is a genuine issue for trial'" See id. (emphasis added) (quoting Utah R. Civ. P. 56(e)).

19 Hansen's complaint alleged that due to Defendants' misconduct he was unable to obtain necessary medical care, which caused him damage to his back, his sight, and his mental health. "Causation is a highly fact-sensitive element of any cause of action.... To establish causation, plaintiffs must persuade a fact finder that their injury was a natural result of the defendant's breach." Kilpatrick v. Wiley, Rein & Fielding, 909 P.2d 1283, 1292 (Utah Ct.App.1996). "'[Tlhe causal connection between the alleged negligent act and the injury is never presumed and ... this is a matter the plaintiff is always required to prove affirmatively'" Fox v. Brigham Young Univ., 2007 UT App 406, ¶ 21, 176 P.3d 446 (alteration and omission in original) (quoting Jackson v. Colston, 116 Utah 295, 209 P.2d 566, 568 (1949)). "'[Thhe trial court may rule as a matter of law on this issue ... if ... there is no evidence to establish a causal connection, thus leaving causation to jury speculation.'" Id. {omissions in original) (quoting Clark v. Farmers Ins. Exch., 893 P.2d 598, 601 (Utah [973]*973Ct.App.1995)). Defendants' motion for summary judgment referenced the relevant pleadings, depositions, and answers to interrogatories in the record to show that expert testimony is required to establish causation in this case and that Hansen has not provided this evidence. Therefore, Defendants have met their summary judgment burden.

II. The Necessity of Expert Testimony

110 Hansen argues that expert testimony is not necessary to prove causation here.

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Bluebook (online)
2014 UT App 180, 332 P.3d 969, 766 Utah Adv. Rep. 13, 59 Employee Benefits Cas. (BNA) 1895, 2014 WL 3747546, 2014 Utah App. LEXIS 183, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hansen-v-harper-excavating-inc-utahctapp-2014.