Schoedinger v. Beck

557 S.W.3d 531
CourtMissouri Court of Appeals
DecidedSeptember 25, 2018
DocketNo. ED 106233
StatusPublished
Cited by5 cases

This text of 557 S.W.3d 531 (Schoedinger v. Beck) 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
Schoedinger v. Beck, 557 S.W.3d 531 (Mo. Ct. App. 2018).

Opinion

Colleen Dolan, J.

George R. Schoedinger, III, M.D. ("Appellant") appeals the trial court's grant of summary judgment in favor of John Beck ("Respondent"), a licensed Missouri attorney, in an action for account stated and breach of contract. In the underlying action, Appellant sought to recover amounts owed for medical treatment he rendered to Respondent's client, Jason Hunter ("Hunter"), who was injured in a car accident. Before Appellant treated Hunter, the parties signed a document entitled "Guaranty" (the "Guaranty") which purported to grant Appellant a lien on any settlement proceeds Hunter would recover from the liable driver. Upon settling Hunter's case, Respondent sent partial payment for the costs of medical services billed to Hunter and explained that Appellant's failure to file a hospital lien barred him from recovering the full amount billed to Hunter through the settlement proceeds. Consequently, Appellant filed a three-count petition against Respondent and Hunter for the remaining amount due to him. The trial court awarded summary judgment in favor of Respondent, finding the rationale of Huey v. Meek , 419 S.W.3d 875 (Mo. App. S.D. 2013) to be determinative. Appellant's sole point on appeal is that the trial court erred in granting Respondent's motion for summary judgment because the Guaranty entered into by both parties is ambiguous. Specifically, Appellant argues that a genuine issue of material fact exists about the intended effect of the Guaranty because it can be construed as a direct cause of action against Respondent personally or as a lien on the settlement proceeds of Hunter.

We affirm the judgment of the trial court.

I. Factual and Procedural Background

After being injured in a car accident, Hunter sought treatment from Appellant, *533a medical doctor. Appellant treated Hunter for his injuries from September through November of 2012. Appellant billed Hunter for the total costs of the medical services rendered, which totaled $59,375.00.

In addition to seeking medical treatment, Hunter also retained Respondent as his attorney to represent him in an action to recover damages for personal injuries arising out of the aforementioned car accident from the liable driver. Prior to treating Hunter, Appellant drafted and presented the Guaranty to Respondent, and both parties signed the agreement. Hunter was not a party or signatory to the Guaranty. The Guaranty granted Appellant "a lien on any proceeds of settlement in [Hunter's] case after payment of attorney's fees...." Upon Respondent settling the case against the liable driver on Hunter's behalf, Respondent provided notice of Hunter's settlement and submitted payment to Appellant in the amount of $39,901.15. Appellant contended that, per the Guaranty, he was owed the full payment of $59,375.00, and therefore requested payment for the unpaid amount of $19,455.85. Respondent explained in a letter to Appellant that § 430.225 was the framework for his calculations and the payment of $39,901.15 reflected "an amount which [co-counsel] and I feel is fair."1 Respondent further clarified in several communications that Appellant was not entitled to the full amount charged because he did not file a medical lien pursuant § 430.225, and since he "did not have any liens, Mr. Hunter had the option to not pay [him] anything." Pursuant to § 430.225, Respondent satisfied all other liens of additional healthcare providers who treated Hunter.

After Respondent continuously refused to make the additional payment, Appellant filed a three-count petition against Respondent and Hunter; Appellant asserted claims of breach of contract against Respondent, quantum meruit against Hunter, and account stated against both Respondent and Hunter. Appellant later voluntarily dismissed Hunter from the lawsuit. Appellant filed a motion for summary judgment alleging that, pursuant to the Guaranty, Appellant was due the additional $19,455.85 for the medical services provided to Hunter. Respondent filed an affidavit in opposition to summary judgment stating he never intended to become personally liable under the Guaranty for the payment of the medical services rendered by Appellant. The trial court denied Appellant's motion based on the holding in Huey, 419 S.W.3d at 875. Appellant filed a motion for reconsideration, which the trial court denied on the same basis.

After Appellant's motion for summary judgment was denied, Respondent filed a motion for summary judgment arguing that § 430.225, as applied in Huey , controlled all issues before the court and preempted the Guaranty. Appellant responded that the claim survived summary judgment because the language of the Guaranty was ambiguous since it could be interpreted as a lien on the proceeds of Hunter's settlement or as a guarantee that Respondent would be personally liable for the debt. After considering the parties' arguments, the trial court granted Respondent's motion. In its judgment, the trial court found Huey to be determinative. Further, in addressing whether the Guaranty was ambiguous, the court held that "when construing the purported ambiguities against the drafter the court finds that *534the Guaranty was an attempt to create a consensual lien on the proceeds of the settlement of the underlying personal injury case."

This appeal follows.

I. Standard of Review

The standard of review for a trial court's decision granting a motion for summary judgment is essentially de novo. ITT Commercial Fin. Corp. v. Mid-Am. Marine Supply Corp., 854 S.W.2d 371, 376 (Mo. banc 1993). "Summary judgment is proper when there is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law." Renaissance Leasing, LLC v. Vermeer Mfg. Co., 322 S.W.3d 112, 119-20 (Mo. banc 2010) ; Rule 74.04(c)(6). "A 'genuine issue' that will prevent summary judgment exists where the record shows two plausible, but contradictory, accounts of the essential facts and the genuine issue is real, not merely argumentative, imaginary, or frivolous." Hibbs v. Berger , 430 S.W.3d 296, 305 (Mo. App. E.D. 2014). "A fact is 'material' if "it has legal probative force as to a controlling issue in the litigation." Wilson v. Union Pac. R.R. Co., 509 S.W.3d 862

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Bluebook (online)
557 S.W.3d 531, Counsel Stack Legal Research, https://law.counselstack.com/opinion/schoedinger-v-beck-moctapp-2018.