Louviere v. Huey P. Long Medical Center

697 So. 2d 1331, 97 La.App. 3 Cir. 45, 1997 La. App. LEXIS 1628, 1997 WL 310334
CourtLouisiana Court of Appeal
DecidedJune 11, 1997
DocketNo. 97-45
StatusPublished
Cited by1 cases

This text of 697 So. 2d 1331 (Louviere v. Huey P. Long Medical Center) 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
Louviere v. Huey P. Long Medical Center, 697 So. 2d 1331, 97 La.App. 3 Cir. 45, 1997 La. App. LEXIS 1628, 1997 WL 310334 (La. Ct. App. 1997).

Opinion

_ AMY, Judge.

In this civil suit, the plaintiff alleged that Dr. Bruce Lobitz committed battery upon her. At trial, the jury found in favor of Defendants. The plaintiff now appeals. We affirm.

DISCUSSION OF THE RECORD

The plaintiff, Paula Louviere, filed suit alleging that Dr. Bruce Lobitz forced her to have unconsensual sex. In the petition, filed November 30, 1994, the plaintiff alleges that because of her weakened psychiatric state [1332]*1332she was unable to offer forceful resistance. The plaintiff also alleges that she believed that she was in the need of medication which she claims Dr. Lobitz provided, in turn, after the alleged sexual encounter. Additionally, the plaintiff alleged that C & M Medical Services, Inc.1, and Huey P. Long Medical Center2 were jointly and severally hable for the factions of Dr. Lobitz. The alleged incident, from which this action arose, occurred on August 14,1994.

Much of the transcript from the six-day jury trial involves expert testimony related to the plaintiffs mental history and health. Additionally, a portion of the testimony is related to the actions of Huey P. Long Medical Center and C & M Medical Services, Inc. following notification of the alleged incident. However, the testimony reflecting the general history of the alleged incident, indicates that at the heart of this matter the parties relate vastly different versions of the incident, or absence thereof.

The plaintiff claims that, at the time of the incident, she was involved in an ongoing child custody dispute. Because the trial date for the custody matter was drawing near, the plaintiff testified that she became extremely nervous and anxious and, in the early morning hours of the day at issue, she tried to go to sleep, but could not because her heart was beating very rapidly. She testified that she became frightened and, after first calling the emergency room, decided that she needed to go to the hospital. Since her children were sleeping, she called her ex-boyfriend, Ed | .-¡Edwards to babysit at her home. She then proceeded to the emergency room at the Huey P. Long Medical Center in Pineville, Louisiana.

The plaintiff claims that, after arriving at the emergency room, she was shown to a room to wait for the doctor. After a period, Dr. Bruce Lobitz, a contract emergency room physician, entered the room and began the examination. The plaintiff stated that she confirmed that she was having difficulty breathing, that her chest was hurting and that she was experiencing stress in her life. She stated that Dr. Lobitz told her she was having an anxiety attack. She also testified that he related some personal information about himself and then asked: “What can I do for you?” She testified that she found both the personal information and the question peculiar. However, she responded that he could prescribe some medication for her nerves. The plaintiff then stated that Dr. Lobitz insinuated that he would give her medication in exchange for sex and that he inquired if the phone number and the address on her chart were correct. The plaintiff stated that the doctor’s proposition disgusted and shocked her and that soon thereafter, Dr. Lobitz left the examination room.

The plaintiff testified that the nurse returned with some Benadryl to take when she went home and a prescription for Vistaril, an additional antihistamine. She testified that she returned home, took the Benadryl and went to sleep with her children on the sofa in the front of the house.

The plaintiff said that she was awakened at approximately 7:00 a.m. by a knocking on the door. She testified that when she looked out, Dr. Lobitz was there and asked her if “this [was] a good time.” She stated that she told him that her boyfriend was in the other room and then she shut the door. Further, the plaintiff 14stated that, as she was shutting the door, Dr. Lobitz told her he would be back sometime during the day. Upon checking her telephone messages, she noticed there was a single call which, she testified, [1333]*1333was from Dr. Lobitz. She farther testified that, in the message, he asked if he could come over. She testified that she wrote down the number of the incoming call, which was recorded on her telephone, and went back to bed. The record reveals that the telephone number, which the plaintiff noted, belonged to a pay phone located near the hospital.

The plaintiff testified that, when she awoke, she was frightened that Dr. Lobitz would return, so she called Rapides General Hospital. She stated that she was afraid to call Huey P. Long Hospital since that is where Dr. Lobitz worked. Upon calling Rapides General Hospital, she spoke with Sandra McSparin, a nursing supervisor, who testified that, after hearing the report of the plaintiff, she called the Huey P. Long Medical Center to get a reference person for the plaintiff to call. She then gave that information to the plaintiff when she called back later.

The plaintiff testified that after speaking with Ms. McSparin, she ealled Karen Williams, the Registered Nurse Manager at Huey P. Long Medical Center, and related her story. Following this phone call, she went to the pharmacy to have the prescription for Vistaril filled. She then ate lunch and took a dosage of the Vistaril. She and her children then went to an afternoon movie. However, the plaintiff testified that they had to leave mid-way through the movie and return home because the medication had made her very drowsy.

Upon arriving home, the plaintiff took a nap, but, before doing so, she instructed her daughter to not answer if a doctor came to the door. She stated that she |swas later awakened when her daughter came to her room to tell her there was a doctor at the door and that, at the same time, she could hear the doctor “banging” at the front door. The plaintiff testified that she began getting dressed and told her daughter to not let the doctor into the house. She stated that she then heard her daughter speaking with Dr. Lobitz who had apparently entered the house and that Dr. Lobitz told Andrea to go outside and play, which Andrea did. Further, the plaintiff testified that Dr. Lobitz came into the bedroom and attempted to force her to perform oral sex. She stated that, after this failed, he put on a condom, forced her onto the bed, and had sexual intercourse with her. She said the entire event lasted only a few minutes.

The plaintiff testified that after performing intercourse, the doctor threw the condom into the bathroom waste basket, which she emptied the next day. She stated that Dr. Lobitz returned to the bedroom, pulled a prescription sheet from his pocket and asked her what kind of medication she wanted. She responded that Ativan would be fine. The plaintiff testified that Dr. Lobitz finished writing the prescription and laid it on the dresser and then told her that he would be back next month for her refill on the medication.

The plaintiff ealled several witnesses to support her version of events. The plaintiffs daughter, Andrea Lewis, confirmed that her mother had told her to not let a doctor in and that later, a man wearing a hospital scrub suit knocked at the door. However, she did not let him inside, but, instead, returned to watching cartoons on television. She testified that the doctor then walked into the kitchen and that she became frightened. Andrea stated that she then went to get her mother.

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Bluebook (online)
697 So. 2d 1331, 97 La.App. 3 Cir. 45, 1997 La. App. LEXIS 1628, 1997 WL 310334, Counsel Stack Legal Research, https://law.counselstack.com/opinion/louviere-v-huey-p-long-medical-center-lactapp-1997.