Raney v. Walter O. Moss Regional Hosp.

629 So. 2d 485, 1993 La. App. LEXIS 3812, 1993 WL 503807
CourtLouisiana Court of Appeal
DecidedDecember 8, 1993
Docket93-145
StatusPublished
Cited by7 cases

This text of 629 So. 2d 485 (Raney v. Walter O. Moss Regional Hosp.) 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
Raney v. Walter O. Moss Regional Hosp., 629 So. 2d 485, 1993 La. App. LEXIS 3812, 1993 WL 503807 (La. Ct. App. 1993).

Opinion

629 So.2d 485 (1993)

Harold RANEY, etc., Plaintiffs-Appellants,
v.
WALTER O. MOSS REGIONAL HOSPITAL, et al., Defendants-Appellees.

No. 93-145.

Court of Appeal of Louisiana, Third Circuit.

December 8, 1993.
Rehearing Denied January 5, 1994.

*486 Steven William Hale, Lake Charles, for Harold Raney, etc.

Robert Wickliffe Fenet, Lake Charles, for Walter O. Moss Regional Hosp., et al.

Before DOMENGEAUX, C.J., and STOKER and THIBODEAUX, JJ.

THIBODEAUX, Judge.

Plaintiffs, Harold Raney, Marcus Lambert, Melodi Lambert, Cynthia Lambert Carrier, and Jennifer Lambert Williams, brought suit against Walter O. Moss Regional Hospital and the State of Louisiana through the Department of Health and Human Resources for damages. The plaintiffs' suit filed on May 23, 1985 asserted that they developed fears of contracting hepatitis "B" after Barbara Raney, the wife of Harold and the mother of the other plaintiffs, became a carrier of the disease after being pricked by contaminated needles at her place of employment, Moss Regional Hospital, between February 28, 1984 and September 26, 1984. The defendants filed an exception of no cause of action and in the alternative, no right of action, based upon their assertion that the plaintiffs' exclusive remedies were under the workers' compensation scheme. The trial judge rendered a memorandum opinion denying the defendants' exception except as to Mr. Raney's consortium claim. An exception of prescription was also denied.

After the trial judge ruled in favor of the plaintiffs on the merits of the claims, both sides appealed. For the following reasons, we affirm.

ISSUES

The defendants assert the following assignments of error: (1) the trial court erred in denying the various exceptions of no cause or right of action and in not finding, after trial, that the plaintiffs' exclusive remedies were under the workers' compensation act; (2) the trial court erred in denying defendants' exception of prescription; (3) the trial court erred in allowing evidence of plaintiffs' fear of contracting hepatitis "B" without the prerequisite showing that it was more probable than not that they will contract hepatitis "B;" (4) the trial court erred in finding that the plaintiffs proved that the breach of duty owed was a substantial factor in bringing them harm; (5) the trial court erred in awarding damages based on testimony of psychological damages only without any evidence of physical injury to plaintiffs; and, (6) *487 the trial court erred in awarding damages which were not supported by the evidence.

Plaintiffs complain that the awards to them were inadequate.

FACTS

Ms. Barbara Raney was employed by Moss Regional Hospital as a custodial worker in the housekeeping department. Part of her employment responsibilities included emptying trash cans. While in the course and scope of her duties at Moss Regional Hospital, Ms. Raney was pricked by contaminated needles while emptying trash cans on at least two occasions, February 28, 1984 and September 26, 1984.

While undergoing blood tests for an unrelated illness between October 8 and October 15, 1984, Ms. Raney was informed by Dr. Eileen C. Stade, her then treating physician, that she was a carrier of hepatitis "B." Because Ms. Raney was a carrier of hepatitis "B," the family underwent a series of vaccinations which consisted of three injections taken over a period of six months. It was determined that Mr. Raney developed an immunity to hepatitis "B." The doctors who testified stated that because he possessed an immunity indicated that he either previously contracted hepatitis "B" and had now become immune or that he received the hepatitis "B" vaccination. Regardless of his immunity status, Mr. Raney as well as the four children underwent tests to determine whether they too acquired hepatitis "B." In addition, the plaintiffs underwent vaccinations to prevent development of hepatitis "B." The plaintiffs also testified that they have a genuine fear of contracting hepatitis "B" from their wife and mother. The plaintiffs assert a damage claim under La.Civ.Code art. 2315.

The trial court found that the evidence established that Ms. Raney, while employed by Moss Regional Hospital, contracted hepatitis "B" through exposure to contaminated needles that were improperly disposed of and that the family's legal proceedings were timely filed. The trial court determined liability of Moss Regional Hospital pursuant to La.Civ.Code art. 2315 and used a duty/risk analysis to establish the defendant's liability.

The trial court awarded the following damages:

(1) Mr. Raney        General Damages               $2,500.00
                     Past Medical Expenses         $3,148.80
                     Future Medical Expenses       $2,505.00
(2) Ms. Carrier      General Damages               $1,500.00
                     Future Medical Expenses       $3,575.00
(3) Ms. Williams     General Damages               $1,500.00
                     Future Medical Expenses       $3,575.00
(4) Ms. Lambert      General Damages               $1,500.00
                     Past Medical Expenses         $  303.00
                     Future Medical Expenses       $4,105.00
(5) Mr. Lambert      General Damages               $1,500.00
                     Past Medical Expenses         $  333.00
                     Future Medical Expenses       $3,485.00

LAW AND DISCUSSION

A. Does La.R.S. 23:1032 Bar Plaintiffs' Tort Claim?

The defendants filed an exception of "no right and no cause of action" on the grounds that under Louisiana law the plaintiffs' claims are barred by the exclusive remedy provisions of the workers' compensation law, La.R.S. 23:1032. Plaintiffs argue that the exception has no validity because their tort claim is brought pursuant to La.Civ. Code art. 2315 and is not the claim of Ms. Raney, the injured employee, and, therefore, is unrelated to workers' compensation.

This issue arose in previous years in the context of consortium claims. Prior to the amendment of La.Civ.Code art. 2315 in 1982, which created a consortium claim, Louisiana *488 legislation provided for no such right of action, and the jurisprudence denied that such an action existed. Theriot v. Damson Drilling Corp., 471 So.2d 757 (La.App. 3d Cir.), writ denied, 472 So.2d 907 (1985). Subsequent to the amendment, children and husbands of employees injured while in the course and scope of their employment, attempted to bring loss of consortium claims pursuant to La.Civ.Code art. 2315. The courts consistently sustained exceptions of "no right and no cause of action" because of the exclusive remedy provisions of the workers' compensation law, even though the compensation laws did not provide an action for loss of consortium, service and society because of injuries to an employee covered by workers' compensation.

The plaintiffs are not pursuing a loss of consortium claim.

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Bluebook (online)
629 So. 2d 485, 1993 La. App. LEXIS 3812, 1993 WL 503807, Counsel Stack Legal Research, https://law.counselstack.com/opinion/raney-v-walter-o-moss-regional-hosp-lactapp-1993.