Thibodeaux v. Southwest La. Hosp. Ass'n

488 So. 2d 743
CourtLouisiana Court of Appeal
DecidedMay 14, 1986
Docket85-284
StatusPublished
Cited by12 cases

This text of 488 So. 2d 743 (Thibodeaux v. Southwest La. Hosp. Ass'n) 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
Thibodeaux v. Southwest La. Hosp. Ass'n, 488 So. 2d 743 (La. Ct. App. 1986).

Opinion

488 So.2d 743 (1986)

Sandra G. THIBODEAUX and Carlos Rodriguez, Plaintiffs-Appellants,
v.
SOUTHWEST LOUISIANA HOSPITAL ASSOCIATION, et al., Defendants-Appellees.

No. 85-284.

Court of Appeal of Louisiana, Third Circuit.

May 14, 1986.

*744 Russell T. Tritico, and George Perez, Jr., Lake Charles, for plaintiffs-appellants.

Raggio & Cappel, Chris Trahan, Brame & Bergstedt, John E. Bergstedt, Thomas & Hardy, Robert W. Thomas, Lake Charles, for defendants-appellees.

Before STOKER, DOUCET and FALKENHEINER[*], JJ.

FALKENHEINER, Judge Pro Tem.

Plaintiffs, Sandra G. Thibodeaux and Carlos Rodriguez, seek damages from the defendants, alleging the following causes of action:

(1) Southwest Louisiana Hospital Association, doing business as the Lake Charles Memorial Hospital, its insurer, St. Paul Fire & Marine Insurance Company, for wrongful discharge from employment and for defamation.

(2) Arthur G. Newman, individually, and Newman and Associates, and their insurer, Great Southwest Fire Insurance Company, for negligent performance of a polygraph test administered to plaintiffs and for defamation.

(3) Larry North and Pinkerton, Inc., for wrongful discharge from employment and for defamation.

All defendants filed motions for summary judgment. The Trial Court granted the motion filed by Arthur G. Newman, Newman and Associates, and their insurer, Great Southwest Fire Insurance Company, in its entirety and dismissed all claims as to those defendants. The motion filed for summary judgment filed by Southwest Louisiana Hospital Association and its insurer, St. Paul Fire & Marine Insurance Company, was partially granted to the extent that it dismissed plaintiffs' claims for wrongful discharge and as to any claims for defamation which occurred prior to, and including the date of, their termination of employment by the hospital.

The motion for summary judgment filed by Larry North and Pinkerton, Inc. was also partially granted to the extent that it dismissed plaintiffs' claims for wrongful discharge and as to claims for defamation occurring prior to, and including the date of, termination of employment of the hospital.

Plaintiffs have appealed, contending that the summary judgments rendered by the Trial Court were erroneous insofar as they dismissed any of the plaintiffs' claims against any of the defendants. None of the defendants have answered the appeal.

FACTS

Both plaintiffs were employed in the business office of Lake Charles Memorial Hospital. Thibodeaux's employment commenced on March 5, 1978, and Rodriguez's on May 2, 1977. Both were discharged on October 5, 1982, and prior to that time *745 there had been no criticism of the job performance of either plaintiff.

In September, 1982, a shortage of funds was discovered in the section of the business office in which these plaintiffs were employed. The hospital asked all employees in that section to submit to polygraph examinations which were administered by Newman and Associates, an independent contractor obtained by the hospital for that purpose. All initial examinations were conducted by John J. Carruthers, an employee of Newman and Associates. Mr. Carruthers reached the conclusion that plaintiffs had not been completely truthful during their examinations and conveyed this information to the hospital in a report dated October 2, 1982.

Plaintiffs then complained to the hospital that they had not been treated fairly by the polygraph operator, and they were offered the opportunity of re-examination. On October 4, 1982 both plaintiffs were again examined by Newman and Associates, but this time the examination was conducted by Arthur G. Newman, who reached the same conclusion as Mr. Carruthers. Upon receipt of Newman's report, the hospital discharged both plaintiffs.

ISSUES

Plaintiffs-Appellants urge that the record in this case presents the following general issues:

(1) Whether particular employment practices stated in the employer's personnel manual limit the rights of the employer to terminate an "at will" employee without cause.
(2) Whether otherwise privileged communications may be published in such a way as to become defamatory and subject the publisher to liability for damages.
(3) Whether a person by voluntarily taking a polygraph test forfeits the right to assert a claim for damages as a result of the negligent performance of the test.
(4) Whether a party, not the employer, may be held liable for the wrongful discharge of the employee by the employer.

SUMMARY JUDGMENTS

The motions for summary judgments filed by each of the defendants, the record in support thereof, and the court's judgments in response thereto must be examined in light of the following principles of law:

"A motion for summary judgment should be granted if, and only if, the pleadings, depositions, answers to interrogatories and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to material fact and that the mover is entitled to judgment as a matter of law. Thornhill v. Black, Sivalls & Bryson, Inc., 394 So.2d 1189 (La.1981); Urban Management Corp. v. Ellis L. Burns, Jr., et al., 427 So.2d 1310 (La.App. 2d Cir.1983); La. C.C.P. Art. 966. The movant for the summary judgment has the burden of affirmatively showing the absence of a genuine issue of material fact and any doubt as to the existence of such issue of material fact is to be resolved against granting the motion. White v. Baker Manor Nursing Home, Inc., 400 So.2d 1168 (La.App. 1st Cir.1981). To satisfy his burden, the party moving for the summary judgment must meet a strict standard by showing that it is quite clear as to what the truth is, and that excludes any real doubt as to the existence of material fact. Vermilion Corp. v. Vaughn, 397 So.2d 490 (La.1981). The papers supporting the position of the party moving for the summary judgment are to be closely scrutinized while the opposing papers are to be indulgently treated, in determining whether mover has satisfied his burden. Vermilion Corp. v. Vaughn, supra. Where the trial court is presented with a choice of reasonable inferences to be drawn from subsidiary facts contained in affidavits and attached exhibits, reasonable inferences must be viewed in the light most favorable to the party opposing the motion. *746 Duvalle v. Lake Kenilworth, Inc., 396 So.2d 1268 (La.1981). No summary judgment will be granted even if the trial court has grave doubts regarding a party's ability to establish disputed facts. Aydell v. Charles Carter & Co., Inc., 388 So.2d 404 (La.App. 1st Cir.1980). It is not the function of the trial court on a motion for summary judgment to determine or even inquire into the merits of the issues raised. Morris v. Louisiana Coca Cola Bottling Co., Ltd., 354 So.2d 659 (La.App. 1st Cir.1977). The weighing of conflicting evidence on a material fact has no place in summary judgment procedure. Mecom v. Mobil Oil Corp., 299 So.2d 380 (La.App. 3d Cir.1974). A motion for summary judgment is not appropriate for disposition of cases requiring a judicial determination of subjective facts, e.g., motive, intent, good faith, knowledge. See Jefferson Parish School Bd. v. Rowley Company, Inc., 305 So.2d 658 (La.App. 4th Cir.1974); Butler v. Travelers Ins. Co., 233 So.2d 271 (La.App. 1st Cir.1970).

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Bluebook (online)
488 So. 2d 743, Counsel Stack Legal Research, https://law.counselstack.com/opinion/thibodeaux-v-southwest-la-hosp-assn-lactapp-1986.