Jasper v. National Medical Enterprises, Inc.

657 So. 2d 604, 1995 WL 377065
CourtLouisiana Court of Appeal
DecidedJune 23, 1995
Docket94 CA 1120
StatusPublished
Cited by6 cases

This text of 657 So. 2d 604 (Jasper v. National Medical Enterprises, Inc.) 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
Jasper v. National Medical Enterprises, Inc., 657 So. 2d 604, 1995 WL 377065 (La. Ct. App. 1995).

Opinion

657 So.2d 604 (1995)

William JASPER, for Himself and all others Similarly Situated
v.
NATIONAL MEDICAL ENTERPRISES, INC. and NME Hospitals, Inc. d/b/a St. Charles General Hospital.

No. 94 CA 1120.

Court of Appeal of Louisiana, First Circuit.

June 23, 1995.

*605 Estelle E. Mahoney, Stephen J. Johnson, Houma, for plaintiff-appellant William Jasper, et al.

Michael D. Peytavin, Gretna, for defendants-appellees National Medical Enterprises, Inc., and NME Hospitals, Inc. d/b/a St. Charles General Hosp.

Before LeBLANC, PITCHER and FITZSIMMONS, JJ.

PITCHER, Judge.

William Jasper (plaintiff) appeals from a judgment of the trial court sustaining the declinatory exception pleading the objection of lack of personal jurisdiction as to National Medical Enterprises, Inc. (NME), and sustaining the declinatory exception pleading the objection of improper venue as to defendant, NME Hospitals, Inc. d/b/a St. Charles General Hospital (St. Charles Hospital). For the foregoing reasons, we affirm in part; reverse in part, and remand with instructions.

*606 FACTS AND PROCEDURAL HISTORY

On August 3, 1993, plaintiff filed this class action, for himself and others similarly situated, in Terrebonne Parish against NME and St. Charles Hospital[1]. The petition alleged that plaintiff was a patient at St. Charles Hospital on or about February 5, 1992, and again on or about June 22, 1992. The petition further alleged that as a condition of admission and/or treatment, plaintiff, and all class members, were required to sign a form which guaranteed payment for the entire amount of the bills incurred for treatment rendered. The petition then alleged that by signing this agreement, plaintiff and all class members agreed to pay reasonable charges for pharmaceuticals, medical supplies and laboratory services incident to the hospital's care and treatment.

The crux of the allegations set forth in the remainder of the petition is that the bills received by plaintiff, and other class members, imposed excessive and unreasonable overcharges for pharmaceuticals, medical supplies and laboratory services incidental to hospital treatment and care. The relief sought through this action includes "money had and received and for unjust enrichment."

Defendants filed several objections to the suit, two which are the subject of this appeal. St. Charles Hospital filed a declinatory exception pleading the objection of improper venue claiming that Terrebonne Parish was not the proper venue because it was domiciled in Orleans Parish. St. Charles Hospital later established that the parish designated as its principal business establishment in its application to do business in this state was Jefferson Parish. NME filed a declinatory exception pleading the objection of lack of personal jurisdiction. NME contended that it was not domiciled in this state. NME further contended that it was not licensed to do business in this state nor did it transact business in this state.

The trial court sustained the declinatory exception pleading the objection of lack of personal jurisdiction and dismissed the case against NME. The trial court also sustained the declinatory exception pleading the objection of improper venue raised by St. Charles Hospital and transferred the case to Jefferson Parish.

Plaintiff has appealed, alleging the following assignments of error for our review:
1.
The district court erred in dismissing the petition against National Medical Enterprises, Inc. (NME) based on lack of personal jurisdiction.
2.
The district court erred in granting defendant's exception of improper venue and in transferring the matter to Jefferson Parish.
3.
The district court erred by not allowing plaintiff time within which to amend the petition pursuant to La.C.C.P. art. 932 regarding Louisiana's personal jurisdiction over National Medical Enterprises, Inc. (NME).[2]

ASSIGNMENTS OF ERROR NUMBERS ONE AND THREE

Through these assignments of error, plaintiff contends that the trial court erred in dismissing the petition against NME based on lack of personal jurisdiction. Plaintiff further contends that the trial court erred in not allowing him to amend the petition pursuant to LSA-C.C.P. art. 932.

To assert personal jurisdiction over a non-resident defendant, the Louisiana long-arm *607 statute, LSA-R.S. 13:3201 provides, in pertinent part, as follows:

A. A court may exercise personal jurisdiction over a nonresident, who acts directly or by an agent, as to a cause of action arising from any one of the following activities performed by the nonresident:
(1) Transacting any business in this state.
(2) Contracting to supply services or things in this state.
(3) Causing injury or damage by an offense or quasi offense committed through an act or omission in this state.
(4) Causing injury or damage in this state by an offense or quasi offense committed through an act or omission outside of this state if he regularly does or solicits business, or engages in any other persistent course of conduct, or derives revenue from goods used or consumed or services rendered in this state.
(5) Having an interest in, using or possession a real right on immovable property in this state.
* * * * * *
B. In addition to the provisions of Subsection A, a court of this state may exercise personal jurisdiction over a nonresident on any basis consistent with the constitution of the state and of the Constitution of the United States.

LSA-R.S. 13:3204 authorizes service by certified mail to a defendant over whom personal jurisdiction is obtained under LSA-R.S. 13:3201. Atkins v. Atkins, 588 So.2d 407, 409 (La.App. 2nd Cir.1991).

The intent of LSA-R.S. 13:3201 is to extend personal jurisdiction of Louisiana courts over nonresidents consistent with the due process clause of the Fourteenth Amendment. Robinson v. Vanguard Insurance Company, 468 So.2d 1360, 1365 (La.App. 1st Cir.), writs denied, 472 So.2d 34, 924 (La. 1985); Soileau v. Evangeline Farmer's Co-op, 386 So.2d 179 (La.App. 3rd Cir.1980).

Due process requires that, in order to subject a non-resident defendant to a personal judgment, the defendant must have certain minimum contacts with the forum state, such that the maintenance of the suit does not offend traditional notions of fair play and substantial justice. de Reyes v. Marine Management and Consulting, Ltd., 586 So.2d 103, 104 (La.1991); see also International Shoe Co. v. State of Washington, Office of Unemployment Compensation and Placement, 326 U.S. 310, 320, 66 S.Ct. 154, 160, 90 L.Ed. 95 (1945); Burger King Corporation v. Rudzewicz, 471 U.S. 462, 476, 105 S.Ct. 2174, 2184, 85 L.Ed.2d 528 (1985); Helicopteros Nacionales de Colombia, S.A. v. Hall, 466 U.S. 408, 413-414, 104 S.Ct. 1868, 1872, 80 L.Ed.2d 404 (1984).

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657 So. 2d 604, 1995 WL 377065, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jasper-v-national-medical-enterprises-inc-lactapp-1995.