McKenna v. St. Joseph Hospital

557 A.2d 854, 1989 R.I. LEXIS 73, 1989 WL 36629
CourtSupreme Court of Rhode Island
DecidedApril 20, 1989
Docket87-285-A
StatusPublished
Cited by6 cases

This text of 557 A.2d 854 (McKenna v. St. Joseph Hospital) is published on Counsel Stack Legal Research, covering Supreme Court of Rhode Island primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
McKenna v. St. Joseph Hospital, 557 A.2d 854, 1989 R.I. LEXIS 73, 1989 WL 36629 (R.I. 1989).

Opinion

OPINION

FAY, Chief Justice.

This case comes before us on the plaintiffs appeal and the defendants’ cross-appeal of a jury verdict for the defendants. Kathleen M. McKenna, wife of the deceased John W. McKenna, initiated a negligence action, individually and on behalf of all the beneficiaries of John W. McKenna (John), against the physicians and the hospital responsible for the care of her husband on the day of his death. The plaintiff now appeals the favorable ruling on the defendant Dr. Adib Mechrefe’s motion in limine and also appeals the restriction of her expert’s testimony regarding causation. The defendants cross-appeal the denial of their respective directed-verdict motions and the grant of the plaintiff’s motion in limine. The facts relevant to our review are as follows.

On May 9 and 10, 1980, Kathleen M. McKenna noticed that her husband was acting erratically. Because of her concern about confusing statements he was making and the strange behavior he was exhibiting, she suggested that he see a psychiatrist. On May 11 Kathleen called John’s father, Jack, as she was very concerned about John’s behavior. Early on May 12 when John arrived for work at his father’s lumber company, he contacted Dr. Bruno Franek, a psychiatrist, who had treated him in 1972 1 and scheduled an appointment for 8 a.m. of that day.

Doctor Franek testified at trial that at their meeting on the morning of May 12 John told the psychiatrist, “I know that I am God” and “I also know how to go through doors without being seen and without being hurt. I just have to slow my molecules completely down.” Doctor Fra-nek determined that the deceased was suffering from “schizophrenic reaction with ideas of reverence-agitation.” The doctor prescribed Haldol, which he testified was a major tranquilizer, with five milligrams to be taken immediately. In order to counteract the adverse affects of Haldol, Franek prescribed Artane to be taken in five milligram dosages three times per day. John then took one five milligram dosage of Hal-dol and left saying he would return at 4 p.m., as ordered by Dr. Franek. After John left his office, Dr. Franek called John’s father and discussed his diagnosis of John. John returned to the lumberyard at approximately 10 a.m. and remained there until slightly before noon, when he left unattended.

After John left the lumberyard, what his activities were is not entirely clear. It is certain that at 1:15 p.m. Captain Harold Winstanley and Lieutenant Robert Warren of the Cranston Fire Department rescue squad responded to a call and found John on the sidewalk of Park Avenue near his car, which had two wheels on the curb. 2 Lieutenant Warren and Captain Winstanley testified that John was in a “utopic” or “sluggish” state. Captain Winstanley determined that the best course of action would be to transfer John to St. Joseph Hospital for further observation. The officers proceeded to the hospital with John, arriving there at 1:23 p.m.

At St. Joseph Hospital, John was questioned at about 1:30 p.m. by an admitting nurse, Ann McKenna (no relation), who entered on the admitting report that the patient had stated he had taken one five-milligram dosage of Haldol, one five-milligram dosage of Artane and felt dazed. The patient was then examined by defendant Dr. Mechrefe. After examining John and with *856 the knowledge that John had told the admitting nurse that he had taken Artane and Haldol, Dr. Mechrefe determined that when the Cranston Fire Department rescue found John at Park Avenue he was at that time suffering from a medication reaction. He told John to call his doctor, adding that if the medicine or dosage needed to be changed, John’s doctor would do it, but in the meantime John should continue taking the medication. The examining-room nurse, Diane LeDoux, repeated these instructions to John.

John walked out of St. Joseph Hospital at about 1:45 p.m. He left without any further assistance or instructions other than to contact his doctor and continue taking the medication. Neither Dr. Franek nor any member of John’s family were notified. What John’s whereabouts were between 1:45 p.m. and 2:40 p.m. is not ascertainable. What is known is that at approximately 2:40 p.m. John jumped off the Broad Street overpass onto Route 95, thereby causing his own death. A postmortem examination of the pill vials in John’s pockets established that John had not taken any further medication after being examined at St. Joseph Hospital.

Our initial review of the trial court’s decision involves the trial justice’s exclusion of statements made by unidentified bystanders to the Cranston rescue personnel who attended to John. Before the trial, defendant Dr. Mechrefe made a motion in limine to exclude any of the proffered testimony. The defendant asserted that statements made by unidentified bystanders to Captain Winstanley and Lieutenant Warren that John was driving erratically and wandering in the middle of Park Avenue immediately prior to the rescue personnel’s arrival at the scene were inadmissible hearsay. The plaintiff’s counsel, in opposition to defendant Dr. Mechrefe’s motion, stated that Winstanley and Warren would testify that they were informed by unidentified bystanders of John’s behavior preceding their arrival. In the alternative, counsel for plaintiff proposed that Winstanley and Warren would testify that upon their arrival at St. Joseph Hospital, they advised the emergency room personnel of the bystanders’ statements. The plaintiff’s counsel originally argued that although the statements were hearsay within Rule 801 of the Rhode Island Rules of Evidence, they were admissible within the Rule 803(2) or Rule 803(4) exception to Rule 802.

Rule 802, the “hearsay rule,” provides a general prohibition against the admissibility of hearsay, except where provided for in the rules. Rule 803(2) is one such exception to Rule 802, removing from the hearsay rule a statement relating to a startling event or condition made while the declarant was under the stress of excitement caused by the event or condition. Another exception to Rule 802 is Rule 803(4), which omits from the hearsay rule statements for purposes of medical diagnosis or treatment. 3

Failing on the argument to have the statements introduced as' exceptions to the hearsay rule, plaintiff’s counsel then sought to introduce the statements as non-hearsay admissible evidence. He contended that the proposed testimony was not being offered to prove its truth but rather to indicate that Dr. Mechrefe and the emergency room personnel were aware of the content of the statements. After hearing the arguments of counsel, the trial justice ruled favorably on defendant Dr. Me-chrefe’s motion in limine, denying introduction of the proffered evidence by any witness.

During trial, plaintiff’s counsel sought to make an offer of proof with regard to the testimony of Dr. Mechrefe and Lieutenant Warren. Counsel maintained that if permitted, Lieutenant Warren would testify that upon his arrival at St. Joseph Hospital *857 he informed hospital personnel of the bystanders’ remarks. As for Dr. Mechrefe, plaintiffs counsel asserted that if questioned, Dr. Mechrefe would testify that a nurse at the hospital informed him that John had been found wandering in the street.

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Cite This Page — Counsel Stack

Bluebook (online)
557 A.2d 854, 1989 R.I. LEXIS 73, 1989 WL 36629, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mckenna-v-st-joseph-hospital-ri-1989.