University Medical Center, Inc. v. Beglin

432 S.W.3d 175, 2014 WL 1661269, 2014 Ky. App. LEXIS 67
CourtCourt of Appeals of Kentucky
DecidedApril 25, 2014
DocketNos. 2012-CA-001566-MR, 2012-CA-001208-MR
StatusPublished
Cited by15 cases

This text of 432 S.W.3d 175 (University Medical Center, Inc. v. Beglin) is published on Counsel Stack Legal Research, covering Court of Appeals of Kentucky primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
University Medical Center, Inc. v. Beglin, 432 S.W.3d 175, 2014 WL 1661269, 2014 Ky. App. LEXIS 67 (Ky. Ct. App. 2014).

Opinions

OPINION

COMBS, Judge:

University Medical Center, Inc., d/b/a University of Louisville Hospital (“University Hospital”), appeals from an amended judgment of the Jefferson Circuit Court entered June 8, 2012, and an order of that court entered August 27, 2012, denying a motion to alter, amend, or vacate. University Hospital contends that the court erred by denying its motion to reduce the post-judgment interest rate of 12% on the judgment entered in favor of Michael G. Beglin on August 4, 2006. After our review, we affirm.

[177]*177In July 2003, Michael Beglin’s wife, Jennifer Beglin, was admitted to University Hospital for surgery. During her surgery, she suffered cardiac arrest. Although she was eventually revived, Jennifer suffered brain damage as a result of the deprivation of oxygen-carrying blood. She died on October 9, 2003, after life support systems were withdrawn.

On February 25, 2004, Beglin filed a medical malpractice action against University Hospital individually, as executor of the Estate of Jennifer W. Beglin, and as parent and next friend of his minor children, William Patrick Beglin and Kelly Ann Beglin. A jury trial was held in the summer of 2006.

After its deliberation, the jury found that the hospital had acted negligently in treating Beglin. It awarded $1,922,102.00 for the loss of Jennifer’s power to earn money; $367,358.09 for her medical expenses; $7,543.00 for her funeral and burial expenses; and $1,500,000.00 to each child until age 18 for the loss of motherly love, affection, guidance, and services. Finally, the jury awarded $3,750,000.00 in punitive damages. In addition to the damages awarded, the trial court also provided for post-judgment interest at the statutory rate of 12% (compounded annually) in its judgment entered on August 4, 2006.

Following entry of the judgment, University Hospital filed a motion to reduce the post-judgment interest rate to 5.5%. In its motion, University Hospital contended that the statutory rate “does not reflect market conditions and amounts to an improper penalty against [the hospital] for pursing its right to make post-trial motions and, if necessary, an appeal.” It attached the affidavit of an economist, Dr. Frank Slesnick, to support its contention that given the prevailing economic conditions, an appropriate interest rate should range between 5% and 6%. After a hearing, the trial court denied University Hospital’s motion to reduce the rate of post-judgment interest and allowed interest at 12% as set forth in Kentucky Revised Statute[s] (KRS) 360.040.

University Hospital then appealed the judgment on two grounds: the alleged error as to a missing evidence instruction and the alleged impropriety of the punitive damages award. However, it did not identify the trial court’s refusal to adjust the post-judgment interest rate as an issue on appeal.

In an opinion rendered on October 27, 2011, the Supreme Court of Kentucky affirmed the judgment awarding compensatory damages. University Medical Center, Inc. d/b/a University of Louisville Hospital v. Beglin, 375 S.W.3d 783 (Ky.2011). However, it reversed the punitive damages award and remanded for entry of a new judgment. Before the opinion became final on March 22, 2012, University Hospital paid $7,377,003.74 toward the jury award (as modified by the decision of the Supreme Court of Kentucky) plus interest.

On April 5, 2012, University Hospital filed a second motion to reduce the 12% post-judgment interest rate specified in the original judgment to 5% (beginning on August 1, 2007). The trial court amended its judgment as directed by the Supreme Court of Kentucky, but it denied University Hospital’s motion to reduce the post-judgment interest rate. The trial court concluded that law-of-the-case principles prevented it from considering any alteration in the interest rate allowed in its original judgment. It concluded that even if it were at liberty to revisit the issue, it would not exercise its discretion to alter the statutory interest rate.

University Hospital filed a notice of appeal with respect to the judgment entered [178]*178on remand. After the trial court denied a subsequent motion to alter, amend, or vacate filed by University Hospital, a second appeal was filed. Upon motion of University Hospital, we consolidated the appeals for all purposes.

On appeal, University Hospital contends that the trial court erred: by concluding that the doctrine of the law of the case prevented it from reconsidering University Hospital’s motion to reduce the post-judgment interest rate pursuant to the provisions of KRS 360.040; by denying its motion for relief from the judgment filed pursuant to the provisions of Kentucky Rules of Civil Procedure (CR) 60.02(e) and (f); and by miscalculating the interest due under the judgment. We disagree with each of these assertions.

The law-of-the-case doctrine is “an iron rule, universally recognized, that an opinion or decision of an appellate court in the same cause is the law of the ease for a subsequent trial or appeal however erroneous the opinion or decision may have been.” Union Light, Heat & Power Co. v. Blackwell’s Adm’r, 291 S.W.2d 539, 542 (Ky.1956). It is the mechanism by which matters once litigated and finally determined remain final. Its proper application is a question of law to be reviewed de novo.

In Sowders v. Coleman, 223 Ky. 633, 4 S.W.2d 731 (1928), our highest court explained that the doctrine perceives as settled “all errors lurking in the record on the first appeal which might have been, but were not expressly relied upon as error.” The trial court did not err by concluding that the law-of-the-case doctrine applied to its initial judgment providing for the recovery of post-judgment interest since that matter was finally decided in the first appeal. When the Supreme Court of Kentucky remanded the case to the trial court with no instruction relevant to amending the 12% post-judgment interest rate, it became the law of the case that University Hospital is liable for such interest. University Hospital’s second motion to reduce the rate of interest pursuant to the provisions of KRS 360.040 was an attempt to re-litigate an issue that had already been finally decided. See Brooks v. Lexington-Fayette Urban County Housing Authority, 244 S.W.3d 747 (Ky.App.2007).

We reject the contention made by University Hospital that this matter is governed by the unpublished decision of this court in Louisville-Jefferson County Metro Gov’t v. Brooks, 2013 WL 645955 (2013). In that decision, we held that the law-of-the-case doctrine does not apply to preclude assessment of post-judgment interest following remand since that was not a question decided by any court in the earlier phases of the litigation. That is not the procedural history with which we have been presented here.

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432 S.W.3d 175, 2014 WL 1661269, 2014 Ky. App. LEXIS 67, Counsel Stack Legal Research, https://law.counselstack.com/opinion/university-medical-center-inc-v-beglin-kyctapp-2014.