Metro Ambulance Serv. v. Med Life Emergency

900 So. 2d 184, 2005 WL 612715
CourtLouisiana Court of Appeal
DecidedMarch 17, 2005
Docket39,440-CA
StatusPublished
Cited by6 cases

This text of 900 So. 2d 184 (Metro Ambulance Serv. v. Med Life Emergency) 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
Metro Ambulance Serv. v. Med Life Emergency, 900 So. 2d 184, 2005 WL 612715 (La. Ct. App. 2005).

Opinion

900 So.2d 184 (2005)

METRO AMBULANCE SERVICE, INC. d/b/a American Medical Response, Plaintiff-Appellant
v.
MED LIFE EMERGENCY MEDICAL SERVICES, INC. and Pafford Emergency Medical Services, Inc., Defendants-Appellees.

No. 39,440-CA.

Court of Appeal of Louisiana, Second Circuit.

March 17, 2005.

*186 Deal & Wheeler, by Phillip T. Deal, Hayes, Harkey, Smith & Cascio, by Thomas M. Hayes, III, Monroe, for Appellant, Metro Ambulance Service.

Newell & Newell, by Daniel W. Newell, Homer, for Appellee, Pafford Emergency Medical Services, Inc.

Hudson, Potts & Bernstein, by Brady D. King, II, Monroe, for Appellee, Med Life Emergency Medical Services, Inc.

Before PEATROSS, DREW and LOLLEY, JJ.

LOLLEY, J.

This appeal arises from the Fourth Judicial District Court, Parish of Ouachita, State of Louisiana. Metro Ambulance Service, Inc. d/b/a/ American Medical Response ("AMR") appeals from a judgment denying its Petition for Declaratory an Injunctive relief. For the reasons assigned, the judgment is affirmed.

FACTS

The Petition for Declaratory and Injunction Relief and Damages filed by AMR concerns ambulance operations in Ouachita Parish, including the cities of Monroe and West Monroe, and the ordinances regulating emergency and non-emergency ambulance services in their jurisdiction.

The record indicates that the Ouachita Council of Governments ("OCOG") oversees the licensing of both emergency and non-emergency ambulance service providers, drivers, attendants, and vehicles for the cities of Monroe and West Monroe and Ouachita Parish. This agency comprises representatives from these cities and the Ouachita Parish Police Jury. Although all three governmental bodies each enacted very similar ordinances that regulate the ambulance services within their jurisdiction, all have designated the OCOG with the responsibility of enforcing said ordinances. The Parish Ambulance Ordinance, specifically Ouachita Parish Ordinance 2½-19 ("ambulance ordinance"), sets standards for emergency and non-emergency service providers and the vehicles they use as well as licensing requirements and qualifications for providers, vehicles, drivers, and attendants; the duties of emergency providers and the limitations on non-emergency providers and their use of non-emergency vehicles; and the rates that providers may charge. The ambulance ordinance limits governance to providers of services that originate and terminate in Ouachita Parish.

AMR holds an emergency license as well as a non-emergency license in Ouachita Parish. Although Med Life Emergency Medical Services, Inc. ("Med Life") and *187 Pafford Emergency Services, Inc. ("Pafford") (together "appellees") hold only non-emergency licenses in Ouachita Parish, they have been licensed as emergency ambulance providers in other parishes.

In its petition, AMR claimed that it has been the exclusive holder of an emergency ambulance license in Ouachita Parish issued by the OCOG. AMR alleged that ambulance services provided by appellees in Ouachita Parish exceeded their respective non-emergency licenses issued by OCOG. At the trial of the matter, AMR argued that appellees had been issued licenses in Ouachita Parish "to operate transportation vehicles for routine walking or wheel chair patients transports," but were making ambulance transports that were not authorized by their licenses. Particularly, AMR alleged appellees were transporting patients in Ouachita Parish where time was essential to the life or health of the patient or when medical attention was needed during transport. AMR further averred that appellees exceeded their authority to charge no more than $10.00 each way of transport and 50 cents per mile.[1] Although AMR sought damages from Med Life alleging that their business practices infringed upon its exclusive license, the trial court signed an order bifurcating the trial of the injunctive and declaratory claims from the claims for damages. AMR reserved the right to demand damages from Pafford.

AMR sought declaratory and injunctive relief and to prohibit appellees from ambulance transport of patients: which originate and terminate within Ouachita Parish, Louisiana, where time is of the essence; where medical attention is provided during transport; or where appellees certify medical necessity for ambulance transport to Medicaid or Medicare.

As stated, appellees are licensed for emergency transport, but not within Ouachita Parish. Apparently, the conflict between the parties arose when Med Life allegedly began operating ambulances licensed by OCOG as only non-emergency vehicles to transport patients to and from residences, nursing homes, hospitals and doctor's offices. The vehicles used by Med Life were equipped and marked as emergency ambulances and staffed by a driver and a paramedic. AMR maintained that during the instant litigation, Pafford began conducting similar transports. It is AMR's contention that appellees began billing Medicare and Medicaid for those patient transports, on certification of "medical necessity" for transport by ambulance instead of by automobile or van and that these transports were in violation of the ambulance ordinance. AMR argued that the ambulance ordinance prohibits non-emergency service providers from using vehicles licensed as non-emergency from transporting any person where the element of time is essential to the life or health of the person, and where "treatment or medical attention is needed during transport."

The trial of the matter was held on four different dates, concluding on March 31, 2004. The trial court noted orally that although several complaints were lodged against appellees, the evidence showed that following OCOG's investigation, they were not found in violation of their non-emergency license in Ouachita Parish.[2]*188 The trial court denied AMR's Petition for Injunctive and Declaratory Relief finding that the ambulance ordinance was vague and unclear in defining certain relevant terms like "emergency," "emergency call," and "medical attention" and accordingly, AMR had failed in its burden of proof. This appeal by AMR ensued.

STANDARD OF REVIEW

The standard of review for the issuance of a permanent injunction is the manifest error standard. Parish of Jefferson v. Lafreniere Park Foundation, 98-146 (La.App. 5th Cir.07/28/98), 716 So.2d 472, 478, writ denied, 1998-2598 (La.1998), 723 So.2d 965; Pogo Producing Co. v. United Gas Pipe Line Co., 511 So.2d 809, 812 (La.App. 4th Cir.07/22/87), writ denied, 514 So.2d 1164 (La.1987). The issuance of a permanent injunction takes place only after a trial on the merits in which the burden of proof is a preponderance of the evidence, but a preliminary injunction may be issued on merely a prima facie showing by the plaintiff that he is entitled to relief. Mary Moe, L.L.C. v. Louisiana Bd. of Ethics, 2003-2220 (La.2004), 875 So.2d 22.

A court of appeal may not set aside a judge's factual finding unless that finding was manifestly erroneous or clearly wrong. Stobart v. State, through Dep't Of Transp. & Dev., 617 So.2d 880 (La.1993). "Absent manifest error or unless it is clearly wrong, the jury or trial court's findings of fact may not be disturbed on appeal." Sistler v. Liberty Mut. Ins. Co., 558 So.2d 1106, 1111 (La.1990). If the trial court or jury's findings are reasonable in light of the record reviewed in its entirety, the court of appeal may not reverse, even though convinced that had it been sitting as the trier of fact, it would have weighed the evidence differently. Id. at 1112.

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Bluebook (online)
900 So. 2d 184, 2005 WL 612715, Counsel Stack Legal Research, https://law.counselstack.com/opinion/metro-ambulance-serv-v-med-life-emergency-lactapp-2005.