Hoffa v. Bimes

954 A.2d 1241, 2008 Pa. Super. 181, 2008 Pa. Super. LEXIS 2048
CourtSuperior Court of Pennsylvania
DecidedAugust 7, 2008
StatusPublished
Cited by10 cases

This text of 954 A.2d 1241 (Hoffa v. Bimes) is published on Counsel Stack Legal Research, covering Superior Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hoffa v. Bimes, 954 A.2d 1241, 2008 Pa. Super. 181, 2008 Pa. Super. LEXIS 2048 (Pa. Ct. App. 2008).

Opinion

OPINION BY

POPOVICH, J.:

¶ 1 Appellant Robert A. Hoffa, individually and t/a Beaux Chevaux Farm, appeals the judgment of compulsory non-suit in favor of Appellees Randy S. Bimes and Quakertown Veterinary Clinic, PC. Appellant claims: 1) the trial court erred in finding that the “Veterinary Good Samaritan Civil Immunity” Act (hereinafter “Veterinary Immunity Act” or the “Act”) barred any claims against Appellees save those grounded in gross negligence; 2) the trial court erred in determining that consent was not required in advance of Appel-lee Dr. Bimes performing a medical procedure upon Appellant’s horse; and 3) the trial court erred in concluding that a bailment did not exist absent an allegation of professional negligence in Appellant’s complaint. We affirm.

¶ 2 The facts and procedural history of this case are not in dispute and reveal that:

Late in the evening on July 9, 2001, [Appellant’s] horse, Cody, [was] presented to [Appellee] Quakertown Veterinary Clinic with symptoms of Colic. [n-1] The horse was brought to the clinic by employees of the training facility caring for the horse at that time. Attempts to contact [Appellant] owner to apprise him of the situation were initially unsuccessful. (N.T., 3/5/07, p. 39-40, 71, 109). After arriving at the clinic, the horse came under the care of Dr. Wilbers, [Appellee Dr. Bimes’] colleague, who began treatment immediately. (N.T., 3/5/07, p. 98). When the horse did not respond to these treatments^] Dr. Wilbers contacted [Ap-pellee] Dr. Bimes for assistance, informing him that the horse needed further workup and evaluation. (N.T. 3/5/07, p. 99).
When [Appellee] Dr. Bimes arrived at the clinic at 12:15 am on July 10, 2001, he was presented with what [Appellant] and [Appellees] have both stipulated was “an emergency situation.” (N.T., 3/6/07, p. 5). Believing that the clinic was unable to get in contact with [Appellant] owner, [Appellee] Dr. Bimes began giving care without consulting [Appellant]. (N.T., 3/5/07, p. 109). In an effort to diagnose the cause of the horse’s abdominal pain, [Appellee] Dr. Bimes performed, among other things [n,2], an abdominal tap. This procedure requires that a needle be inserted into the abdominal cavity to extract fluids which can be analyzed to determine the cause of the horse’s symptoms. (N.T., 3/5/07, p. 102)[.] It was only after the procedure was completed that [Appellee] Dr. Bimes was able to get into contact with [Appellant]. (N.T., 3/5/07, p. 71). [Ap-pellee] Dr. Bimes does not recall discussing with [Appellant] the various procedures he had undertaken during the course of treatment. (N.T., 3/5/07, p. 110). However, [Appellee] Dr. Bimes and [Appellant] did decide to move the horse to a different facility capable of performing surgery. The horse was taken to the New Bolton Center at around 3:30 am for further treatment.
Unfortunately, it was later discovered that during the course of the abdominal tap the needle pierced the horse’s small intestine allowing the leakage of intestinal fluids into the abdominal cavity. [1243]*1243(N.T., 3/6/07, p. 113). This eventually caused an infection to develop which [Appellant] alleges contributed to the death of the horse more than a year later on July 29, 2002.
On June 9, 200[3], [Appellant] initiated this lawsuit against the [Appellees by a writ of summons in trespass, which was followed by a complaint filed June 27, 2005,] wherein he alleged lack of informed consent, a claim for bailment and a claim of trespass to chattel with respect to the treatment rendered to [Appellant’s] horse by [Appellee] Dr. Bimes on July 9-10, 2001. At the close of [Appellant’s] case, th[e trial c]ourt granted [Appellees’] Motion for Non-suit on each of [Appellant’s] claims.
[«•U Colic is often used to describe a range of gastrointestinal problems in horses. In this particular case, unknown to [Appellee Dr. Bimes], [Appellant’s] horse suffered an impaction or blockage of the intestine. (N.T., 3/5/07, p. 43)[.]
[n.2] [Appellee Dr. Bimes] testified that he checked the heart rate, plug return, capillary fill, completed a rectal exam, administered pain meds and did blood work.

Trial court opinion, 11/9/07, at 1-3, n. 1, 2. Thereafter, with the denial of Appellant’s motion for post-trial relief and the filing of a notice of appeal, Appellant complied with an order to file a statement of matters complained of on appeal pursuant to Pa. R.A.P. 1925(b), the first of which alleges that the trial court erred in granting a compulsory non-suit in favor of Appellees at the close of Appellant’s case-in-chief after finding that the Veterinary Immunity Act bars claims against veterinarians except those based upon gross negligence.

¶3 Our standard of review for appeals from the grant or denial of a motion for compulsory non-suit is as follows:

A motion for compulsory non-suit allows a defendant to test the sufficiency of a [plaintiffs] evidence and may be entered only in cases where it is clear that the plaintiff has not established a cause of action; in making this determination, the plaintiff must be given the benefit of all reasonable inferences arising from the evidence. When so viewed, a non-suit is properly entered if the plaintiff has not introduced sufficient evidence to establish the necessary elements to maintain a cause of action; it is the duty of the trial court to make this determination prior to the submission of the case to the jury.
A compulsory non-suit is proper only where the facts and circumstances compel the conclusion that the defendants are not liable upon the cause of action pleaded by the plaintiff.

Mahan v. Am-Gard, Inc., 841 A.2d 1052, 1057-58 (Pa.Super.2003) (quoting Polen v. Salkind, 453 Pa.Super. 159, 683 A.2d 649, 653 (1996) (citations omitted)).

¶ 4 The history of the statutory regulation of the practice of veterinary medicine and surgery in Pennsylvania began with the Act of April 11, 1889, P.L. 28, and was followed by a multitude of laws leading up to the present day Veterinary Immunity Act, which states:

(a) General rule. — Any individual licensed to practice veterinary medicine who, in good faith, renders emergency care to an animal which such individual has discovered at the scene of an accident or emergency situation or which has immediately prior to the rendering of such care been brought to such individual’s attention at or from the scene of any accident or emergency situation shall not be liable for any civil damages as a result of any acts or omissions by such person in the rendering of the emergency care, except any acts or omissions intentionally designed to harm, or any grossly negligent acts or [1244]*1244omissions which result in harm to the animal.
(b) Definition. — As used in this section, “good faith” shall include, but is not limited to, a reasonable opinion that the immediacy of the situation is such that the rendering of care should not be postponed until the animal is hospitalized.
(c) Exception. — This section shall not apply where the owner of the animal is in attendance and can be consulted as to the proposed action by the veterinarian.

42 Pa.C.S.A. § 8331.1(a)-(c).

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Cite This Page — Counsel Stack

Bluebook (online)
954 A.2d 1241, 2008 Pa. Super. 181, 2008 Pa. Super. LEXIS 2048, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hoffa-v-bimes-pasuperct-2008.