St. Francis Medical Center v. Penrod

937 S.W.2d 343, 1996 Mo. App. LEXIS 2014, 1996 WL 710651
CourtMissouri Court of Appeals
DecidedDecember 9, 1996
DocketNo. 20821
StatusPublished

This text of 937 S.W.2d 343 (St. Francis Medical Center v. Penrod) 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
St. Francis Medical Center v. Penrod, 937 S.W.2d 343, 1996 Mo. App. LEXIS 2014, 1996 WL 710651 (Mo. Ct. App. 1996).

Opinions

CROW, Presiding Judge.

St. Francis Medical Center (“Hospital”) sued William J. Penrod and Vicki J. Penrod to collect sums allegedly owed by them for medical care and treatment. Hospital won a jury verdict, but the trial court ordered a new trial. Hospital again won a verdict. This time, the trial court entered judgment for Hospital.

William1 alone appeals from the judgment. His two points relied on maintain the judgment should be reversed and he should be exonerated from Hospital’s claim because of errors that allegedly occurred during and after the first trial, but prior to the second. Discussion of the assignments of error requires a chronology of the relevant events.

The litigation began upon the filing of Hospital’s petition designated “Suit on Account.” At the conclusion of the opening statement by Hospital’s lawyer at the first trial, William’s lawyer2 requested, and received, a bench conference. This dialogue occurred:

“MR. DRUSCH
MR. FINCH: You don’t have to in opening statement.
MR. DRUSCH: Sure you do. But if you make one you’ve got to have all the element.
[[Image here]]
THE COURT: ... I’ll overrule the motion....”

After the testimony of Hospital’s final witness, a debate arose regarding admissibility of some of Hospital’s exhibits. William’s lawyer said:

“We object to all of the medical records because we feel that there’s not a proper foundation. There’s been no evidence regarding the reasonableness of the charges.... That’s part of our motion for directed verdict, as there was no such testimony.”

The record contains a “Motion for Directed Verdict at Close of Plaintiff’s Case” filed by William’s lawyer. It reads, in pertinent part:

“Plaintiff has failed to prove that it has made a reasonable charge for each and every item of its account and therefore its entire account must fail.”

William’s lawyer persisted in that contention, arguing:

“[Tjhere’s been no proper evidence ... to show that the charges are reasonable. ... And there was no such attempt to have the reasonableness established.
[[Image here]]
[345]*345[W]e didn’t have testimony on the reasonableness at all. That word hasn’t entered into our case as yet.
[[Image here]]
We have had no question nor answer regarding the reasonableness of any charge.”

The trial court denied William’s motion. William thereupon presented evidence. Vicki presented no evidence, and Hospital presented no rebuttal evidence.

The record contains a “Motion for Directed Verdict at Close of All Evidence” filed by William’s lawyer. It reads, in pertinent part:

“Defendants [sic] renew their motion for directed verdict at close of Plaintiffs ease.... Plaintiff has faded to prove each and every element of its case as pled in the complaint....”

The trial court denied William’s motion.

Although the jury instructions are not in the legal file, we gather from the transcript of the instruction conference that Hospital submitted its claim on the theory of quantum meruit. As reported in the first paragraph of this opinion, the jury rendered a verdict for Hospital.

William thereafter filed a timely “Motion for Judgment Notwithstanding Verdict.” We henceforth refer to it as “JNOV5 Motion I.” It averred, inter alia:

“1. [William] is entitled to a judgment in his favor in that the Plaintiff in its opening statement faded to include therein the essential element that the charges for medical goods and services which it furnished were ‘reasonable’. The jury instruction ... submitted by the Plaintiff and given to the jury required as a specific finding ... that the Plaintiffs charges were ‘reasonable’, and the Plaintiff was obviously proceeding under the theory of ... ‘quantum meruit’, and which has as its basis that the recovery sought by the plaintiff for goods and services are [sic] reasonable....
[[Image here]]
The Court wdl recad that at the close of the Plaintiffs opening statement, [William] ... requested a directed verdict based upon the failure of the Plaintiff to include the reasonableness of the charges in its opening statement....
[[Image here]]
3. The Plaintiff failed to elicit ... proof, oral or written, upon the issue of the reasonableness of the goods and services ... provided by the Plaintiff_ It is obvious from the Plaintiffs submission of its verdict directing instruction that it is relying upon the theory of ‘quantum meru-it’ for its recovery ... and hence, in accord with the elements of ‘quantum meruit’ and the verdict directing instruction submitted by the Plaintiff and given by the Court to the juiy, it is part of the Plaintiffs burden of proof to provide evidence regarding the reasonableness of the charges but, as previously mentioned, none was adduced.”

Simultaneously with the filing of JNOV Motion I, William filed an “Alternative Motion for New Trial to Defendant William J. Penrod’s Motion for Judgment Notwithstanding the Verdict of the Jury.” We henceforth refer to the latter motion as “Motion for New Trial I.” It pled, inter alia, that the trial court should grant a new trial for the reasons set forth in paragraphs 1 and 3 of JNOV Motion I (quoted above).

The trial court granted a new trial on two grounds. As we comprehend the court’s order, the first ground was that Hospital’s lawyer, in opening statement, failed to assert that Hospital’s charges were reasonable, an element of a claim in quantum meruit. The second ground was:

“[T]he Court, on its own initiate [sic], reviews the file and notes that the verdict form was signed by only nine (9) members of the jury and that one of the signing members was a juror who consistently slept throughout the trial, despite the Court’s best efforts to keep her awake and [346]*346attentive.”[6]

At retrial, after Hospital’s evidence, William moved for a directed verdict. The trial court denied the motion. William thereafter presented evidence. Vicki presented no evidence; Hospital presented rebuttal evidence. As reported in the first paragraph of this opinion, the jury rendered a verdict for Hospital and the trial court entered judgment per the verdict.

According to the trial court’s docket sheet, William filed two motions after the retrial. One was a “Motion for Judgment Notwithstanding Verdict.” We henceforth refer to it as “JNOV Motion II.” We find no copy of it in the record.

William’s other motion was an “Alternative Motion for New Trial to Defendant William J.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Mrad v. Missouri Edison Co.
649 S.W.2d 936 (Missouri Court of Appeals, 1983)
Zabol v. Lasky
498 S.W.2d 550 (Supreme Court of Missouri, 1973)
Oventrop v. Bi-State Development Agency
521 S.W.2d 488 (Missouri Court of Appeals, 1975)
Crystal Tire Co. v. Home Service Oil Co.
525 S.W.2d 317 (Supreme Court of Missouri, 1975)
Grady v. American Optical Corp.
702 S.W.2d 911 (Missouri Court of Appeals, 1985)
Polovich v. Sayers
412 S.W.2d 436 (Supreme Court of Missouri, 1967)
Wells v. Orthwein
670 S.W.2d 529 (Missouri Court of Appeals, 1984)
Robbins v. Jewish Hospital of St. Louis
663 S.W.2d 341 (Missouri Court of Appeals, 1983)
Browning v. Salem Memorial District Hospital
808 S.W.2d 943 (Missouri Court of Appeals, 1991)
Helton Const. Co., Inc. v. Thrift
865 S.W.2d 419 (Missouri Court of Appeals, 1993)
Community Title Co. v. Roosevelt Federal Savings & Loan Ass'n
796 S.W.2d 369 (Supreme Court of Missouri, 1990)
Central Bank of Lake of the Ozarks v. Shackleford
896 S.W.2d 948 (Missouri Court of Appeals, 1995)
Rogers v. Bond
839 S.W.2d 292 (Supreme Court of Missouri, 1992)

Cite This Page — Counsel Stack

Bluebook (online)
937 S.W.2d 343, 1996 Mo. App. LEXIS 2014, 1996 WL 710651, Counsel Stack Legal Research, https://law.counselstack.com/opinion/st-francis-medical-center-v-penrod-moctapp-1996.