Verhalen v. FORUM HEALTH MANAGEMENT

771 So. 2d 238, 2000 WL 1643937
CourtLouisiana Court of Appeal
DecidedNovember 3, 2000
Docket34,090-CA
StatusPublished
Cited by4 cases

This text of 771 So. 2d 238 (Verhalen v. FORUM HEALTH MANAGEMENT) 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
Verhalen v. FORUM HEALTH MANAGEMENT, 771 So. 2d 238, 2000 WL 1643937 (La. Ct. App. 2000).

Opinion

771 So.2d 238 (2000)

Toyia Alexander VERHALEN, Individually and as Natural Tutrix of her minor children, Plaintiffs-Appellants,
v.
FORUM HEALTH MANAGEMENT, OF GEORGIA, INC., d/b/a Riverside Community Hospital, Defendant-Appellee.

No. 34,090-CA.

Court of Appeal of Louisiana, Second Circuit.

November 3, 2000.
Rehearing Denied November 30, 2000.

*239 Troy E. Bain, Shreveport, James D. Hall, Bossier City, Counsel for Appellants.

*240 Judice & Adley, A.P.L.C. by Marc W. Judice, Stacy N. Amy, Danielle M. Smith, Lafayette, Counsel for Appellee, The Medical Protective Company.

Before NORRIS, WILLIAMS and KOSTELKA, JJ.

KOSTELKA, J.

Toyia Alexander Verhalen ("Verhalen"), individually and as natural tutrix of her minor children, appeals the trial court's judgment granting an exception of no cause of action filed by The Medical Protective Company of Fort Wayne, Indiana ("MPC"). For the reasons stated herein, we affirm.

FACTS

On December 12, 1988, Verhalen's husband, David Verhalen ("David"), was admitted by Dr. Fred M. Roberson ("Dr.Roberson") to Riverside Community Hospital ("Riverside") for treatment of varicella pneumonia. After being admitted, David's condition deteriorated, and on December 13th he was transferred to Riverside's intensive care unit where he was placed on a ventilator to assist his breathing. On the night of December 17th, David, who was unrestrained, disconnected the ventilator tube, setting off the nurse's alarm. The nursing staff rushed to David's bed and attempted to intubate him and reconnect his ventilator. The nurses also summoned Dr. Spyrie Mays ("Dr.Mays"), who also attempted to intubate David, but to no avail. At 12:49 a.m. on December 18, 1988, David was pronounced dead.

In December 1989, Verhalen filed a timely Petition for Damages against Riverside for the wrongful death of David contending that its employees were negligent in treating him and that their negligence caused his death. Also in December 1989, Verhalen filed a request for a Medical Review Panel against Dr. Mays, who was insured by MPC. The Medical Review Panel did not convene until February 1995, and according to Verhalen, stated that Dr. Roberson's negligence was the primary cause of David's death. Verhalen claims this was the first information she had that Dr. Roberson's negligence contributed to her husband's death. In May 1995, Verhalen filed a First Supplemental and Amended Petition naming as additional defendants, Dr. Mays, Dr. Roberson, and Southwest Medical Center. In her Second Supplemental and Amended Petition, filed in May 1998, Verhalen named as an additional defendant Paradigm Insurance Company, Riverside's insurer. Finally, in Verhalen's Third Supplemental and Amended Petition, filed on June 23, 1998, almost ten years after the death of David, she named MPC, who provided medical malpractice insurance for Dr. Roberson at the time of the incident at issue in this case.

MPC brought its Motion for Summary Judgment and/or Peremptory Exceptions of Prescription and No Cause of Action in the trial court, raising primarily the argument that its "claims made" policy of insurance for Dr. Roberson did not provide coverage in this instance and it was, therefore, entitled to judgment as a matter of law. The trial court granted MPC's exception of no cause of action, finding MPC did not provide coverage for any acts of medical malpractice that may have been committed by Dr. Roberson because MPC did not receive notice of the claim until May 1995, some four years after the claims made policy coverage ended. This appeal ensued.

DISCUSSION

In her first assignment of error, Verhalen argues that the trial court erred in granting MPC's exception of no cause of action because, in considering such an exception, a court must accept the facts alleged in the petition as true. Related to that assignment of error, which she brings only in the alternative, is Verhalen's third assignment of error, wherein she urges that the trial court erred in its finding that there was no coverage under the MPC policy issued to Dr. Roberson. Although Verhalen's first assignment of error would *241 appear to be legally correct, as the following reasons will show, neither assignment has merit.

MPC brought before the trial court its Motion for Summary Judgment and/or Exceptions of Prescription and No Cause of Action. In the motion for summary judgment portion of MPC's pleading, it specifically argued that no genuine issue of material fact exists as to the insurance coverage by MPC of Dr. Roberson, discussing the law existing regarding claims made insurance policies and that, accordingly, MPC was entitled to judgment as a matter of law. The portion of MPC's pleading addressing its peremptory exceptions of prescription and no cause of action argued specifically that Verhalen's claims against MPC should be disallowed because they were prescribed on the face of Verhalen's petition.

In the trial court's final judgment, it granted MPC's peremptory exception of no cause of action. Although we are mindful of the general proposition that appeals are taken from final judgments and not reasons for judgment, La. C.C.P. art. 2164 also mandates that, "The appellate court shall render any judgment which is just, legal, and proper upon the record on appeal...." This court has looked to a trial court's reasons for judgment to assist in determining the trial court's intent in reaching its final judgment. See, Strong's Plumbing, Inc. v. All Seasons Roofing & Sheet Metal, Inc., 32,783 (La.App.2d Cir.03/01/00), 754 So.2d 336; Bennett v. Louisiana Pacific Corp., 29,598 (La. App.2d Cir.05/09/97), 693 So.2d 1319, writ denied, 97-1552 (La.10/03/97), 701 So.2d 199. Here, Verhalen argues that the trial court erred in granting MPC's exception of no cause of action; thus, we look to the trial court's reasons for judgment to assist us in addressing that assignment of error.[1] Those reasons clearly indicate that the trial court considered evidence and made certain findings of fact which related exclusively to the merits of MPC's motion for summary judgment. Therefore, considering the foregoing, and in the interest of judicial economy, ever mindful of the dictates of La. C.C.P. art. 2164, we conclude that although the wording of the judgment states MPC's exception of no cause of action was granted, the intent of the trial court was to grant MPC's motion for summary judgment, and we will conduct our analysis on that basis. See, Pham v. Contico Intern., Inc., 99-945 (La.App. 5th Cir.03/22/00), 759 So.2d 880.

Under La. C.C.P. art. 966, the plaintiff or defendant in the principal or incidental action, with or without supporting affidavits, may move for summary judgment in his favor for all or part of the relief for which he has prayed. Summary judgment shall be rendered forthwith 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 *242 matter of law.

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Bluebook (online)
771 So. 2d 238, 2000 WL 1643937, Counsel Stack Legal Research, https://law.counselstack.com/opinion/verhalen-v-forum-health-management-lactapp-2000.