Lester E. Cox Medical Centers v. Richards

252 S.W.3d 236, 2008 Mo. App. LEXIS 642, 2008 WL 1990891
CourtMissouri Court of Appeals
DecidedMay 9, 2008
Docket28522
StatusPublished
Cited by13 cases

This text of 252 S.W.3d 236 (Lester E. Cox Medical Centers v. Richards) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Lester E. Cox Medical Centers v. Richards, 252 S.W.3d 236, 2008 Mo. App. LEXIS 642, 2008 WL 1990891 (Mo. Ct. App. 2008).

Opinion

DON E. BURRELL, Judge.

This appeal arises from an action by Lester E. Cox Medical Centers (“Cox”) against Steve Richards (“Steve”) and Toni Richards (“Toni”) (collectively “Appellants”) to collect unpaid hospital bills for services rendered to Steve. 1

This matter was tried to the court without a jury. At the bench trial, Cox presented the testimony of Cox’s collections supervisor, Carey Willeford (“Wille-ford”). Willeford also worked in Cox’s quality resource department — a department responsible for verifying that Cox’s charges are reasonable and customary when compared to other hospitals in the region. Cox also offered two exhibits 2 in *239 support of its claim for unpaid services. Hospital records included in one of the two exhibits indicated (among other things) that Steve was married to Toni at the time the applicable medial services were provided to Steve. Appellants objected to the admission of both exhibits. The trial court took their objections under advisement and asked both parties to submit post-trial briefs on the admissibility of the exhibits. The record indicates that while Cox subsequently filed such a brief, Appellants did not.

The trial court ultimately entered its judgment without ever making a specific ruling on the objections raised as to the admission of the two exhibits. 3 That judgment was entered against Appellants for $13,094.80 plus interest of $4,433.28. Judgment was also entered solely against Steve in the amount of $593.00 for court costs and attorney’s fees.

On appeal, Appellants raise eight points of alleged error. The first three assert that the trial court erred in admitting the two exhibits at trial; the next two allege that the judgment was not supported by substantial or sufficient evidence; the next two challenge the sufficiency of the evidence used to establish that Toni was the spouse of Steve; and the last point claims that the trial court erred in awarding prejudgment interest.

Standard of Review

We will affirm the judgment in a court-tried case unless it is against the weight of the evidence, no substantial evidence exists to support it, or the trial court misapplied or erroneously declared the law. Murphy v. Carron, 536 S.W.2d 30, 32 (Mo. banc 1976).

Admissibility of the Challenged Exhibits

For their first three points, Appellants claim that the trial court erred in admitting Exhibits 1 and 3. Willeford identified Exhibit 1 as a multi-page statement of account which contained a face sheet, itemized bills, authorization to release information, and an assignment of benefits and consent for treatment form. Exhibit 3 was identified as an affidavit executed by Steve’s treating physician and was offered by Cox pursuant to section 490.525 4 , a statute which allows proof by affidavit that an amount charged for services rendered was reasonable and that the services provided were necessary.

Appellants argue on appeal that Exhibit 1 should not have been received into evidence because it failed to meet the requirements necessary to allow it to be received as a business record under section 490.680 and that Exhibit 3 failed to satisfy the requirements of section 490.525.

In order for either of Appellants’ evidentiary objections to be preserved for appellate review, there must have been an objection made at the time the evidence was sought to be introduced and then carried forward on appeal. Rogers v. B.G. Transit Corp., 949 S.W.2d 151, 153 (Mo.App. S.D.1997). “Moreover, objections to evidence must be specific, must point out the grounds thereof, and are to be determined upon the grounds stated therein.” Id. The scope of the objection may not be broadened or altered on appeal. Id. Parties are prevented from advancing an objection to evidence on appeal that is different from the one presented to the trial court. Id.

*240 a. Exhibit 1-business records

Section 490.680 allows a record to be received into evidence if the custodian of the record or other qualified witness “testifies to its identity and the mode of its preparation, and if it was made in the regular course of business, at or near the time of the act, condition or event, and if, in the opinion of the court, the sources of information, method and time of preparation were such as to justify its admission.” Appellants now argue that Exhibit 1 should not have been admitted because no testimony was presented as to the mode of its preparation.

The objections raised by Appellants’ counsel to Exhibit 1 at trial were different from the one now raised on appeal. At trial, counsel objected that the testimony from Willeford as to how the records were generated and kept “called for a conclusion,” that she was not the person who directed or controlled what medical services were provided to Steve, and that the entries made were not made under her direction and control. Now, for the first time on appeal, Appellants assert that Exhibit 1 should not have been admitted because Willeford failed to testify as to how the records were prepared and where the information they contained came from. Because this was not the objection that was made to the trial court, Appellants have not properly preserved this issue on appeal.

b. Exhibit 3-affidavit of necessaries

Section 490.525 allows an affidavit to be received into evidence as proof of the necessity of services rendered and the reasonableness of the charges made for such services if the affidavit is made “by the person or that person’s designee who provided the service” and the affidavit in-eludes an itemized statement of the services and charges. 5 Appellants argue on appeal that while Exhibit 3 might be offered to prove the reasonableness and necessity of the treating physician’s (affi-ant’s) services and charges, it cannot be received for purposes of proving the reasonableness and necessity of the services and charges provided by Cox. Once again, Appellants have failed to properly preserve for appellate review their objection to Exhibit 3. When Cox sought to introduce Exhibit 3 at trial, counsel for Appellants objected, stating that “[fit’s hearsay. I don’t think it complies with the statute.” An objection to evidence “must be ‘sufficiently clear and definite’ so that [ ] counsel has the opportunity to correct any error and the trial court can correctly rule on the objection.” Refrigeration Industries, Inc. v. Nemmers, 880 S.W.2d 912, 919 (Mo.App. W.D.1994) quoting Reed v. Director of Revenue, 834 S.W.2d 834, 836-37 (Mo.App.E.D.1992).

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Potter v. Hy-Vee, Inc.
560 S.W.3d 598 (Missouri Court of Appeals, 2018)
Eric Christopher Courtney v. Director of Revenue
477 S.W.3d 659 (Missouri Court of Appeals, 2015)
Saint Francis Medical Center v. Watkins
413 S.W.3d 354 (Missouri Court of Appeals, 2013)
Ford Motor Credit Co. v. Harris
386 S.W.3d 864 (Missouri Court of Appeals, 2012)
Lekander v. Estate of Lekander
345 S.W.3d 282 (Missouri Court of Appeals, 2011)
Rogers v. Hester Ex Rel. Mills
334 S.W.3d 528 (Missouri Court of Appeals, 2010)
U.S. Bank v. Lewis
326 S.W.3d 491 (Missouri Court of Appeals, 2010)
Ziolkowski v. Heartland Regional Medical Center
317 S.W.3d 212 (Missouri Court of Appeals, 2010)
Hall v. Wal-Mart Stores East, LP
316 S.W.3d 428 (Missouri Court of Appeals, 2010)
In Re Marriage of Rogers
300 S.W.3d 567 (Missouri Court of Appeals, 2009)
State v. Slaughter
267 S.W.3d 841 (Missouri Court of Appeals, 2008)
Moreland v. Division of Employment Security
273 S.W.3d 39 (Missouri Court of Appeals, 2008)

Cite This Page — Counsel Stack

Bluebook (online)
252 S.W.3d 236, 2008 Mo. App. LEXIS 642, 2008 WL 1990891, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lester-e-cox-medical-centers-v-richards-moctapp-2008.