Vizzi v. Lafayette City-Parish Consolidated Government

93 So. 3d 1260, 2012 WL 2512719, 2012 La. LEXIS 1958
Supreme Court of Louisiana·Decided July 2, 2012·No. No. 2011-C-2648·Published·Cited by 11 cases

Opinion

VICTORY, J.

| ,We granted this writ application to interpret the meaning of La. R.S. 15:304 relative to medical expenses incurred by an arrested person as a result of an injury sustained in the commission of the crime for which he was arrested. After reviewing the record and the applicable law, we reverse the judgments of the lower courts and find that the parish government is not responsible for these medical expenses.

FACTS AND PROCEDURAL HISTORY

The facts presented in these cross-motions for summary judgment are undisputed. On January 8, 2008, Quinton Contrell Sam (“Sam”) committed an alleged armed robbery of a taxi cab driver in Lafayette, Louisiana. He then fled on foot and attempted to force entrance into a private residence. The owner of the residence shot Sam in the leg and called 911. When the Lafayette Police Department arrived on the scene, they arrested Sam. The 911 operator had called an ambulance, and Sam was taken by ambulance, accompanied by a police officer, to Lafayette General Medical Center where he was treated by Dr. Peter Vizzi for the gunshot wound.

Dr. Vizzi filed a Petition on Open Account against Lafayette City-Parish Consolidated Government (“LCG”) and Sam, claiming they were solidarily liable for |2the costs of the medical treatment, plus attorney fees, pursuant to the provisions of La. R.S. 15:304, et seq. Dr. Vizzi and LCG filed cross-motions for summary judgment. The district court granted Dr. Vizzi’s motion for summary judgment, awarding $14,062.00 for medical expenses under La. R.S. 15:304 and $4,687.33 in attorney fees under La. R.S. 9:2781.1 A five-judge panel of the court of appeal affirmed (with two judges dissenting), finding that “[o]nce Mr. Sam was placed under arrest, La. R.S. 15:304 requires that the parish bears the expense of any medical treatment he may have needed.” Vizzi v. Lafayette City-Parish Consolidated Government, 10-623 (La.App. 3 Cir. 12/8/10), — So.3d —, (not released for publication) (on rehear[1262] ing). Further, the court of appeal found “the open account statute was properly utilized by Dr. Vizzi, and the award of attorney’s fees was proper under that provision.” We granted LCG’s writ application to determine whether Dr. Vizzi is legally entitled to recover these medical expenses from LCG under the facts and circumstances presented in this case. Vizzi v. Lafayette City-Parish Consolidated Government, 11-2648 (La.2/17/12), 82 So.3d 273.

DISCUSSION

On motions for summary judgment, this Court reviews the record de novo to determine whether there is any genuine issue of material fact in dispute, and whether the movant is entitled to judgment as a matter of law. La. C.C.P. art. 966; Louisiana Safety Ass’n of Timbermen Self-Insurers Fund v. Louisiana Ins. Guar. Ass’n, 09-0023 (La.6/26/09), 17 So.3d 350, 353. There are no material issues of fact in dispute in this record and the sole issue before us is a question of law which seeks the correct interpretation of La. R.S. 15:304.

[ sLa. R.S. 15:304 provides in pertinent part:

Expenses to be paid by parishes; juror’s fee in city of New Orleans
All expenses incurred in the different parishes of the state or in the city of New Orleans by the arrest, confinement, and prosecution of persons accused or convicted of crimes, their removal to prison, the pay of witnesses specifically provided for by law, jurors and all pros-ecutorial expenses whatever attending criminal proceedings shall be paid by the respective parishes in which the offense charged may have been committed or by the city of New Orleans, as the case may be. The expenses shall be paid by the parish treasurer or by the city of New Orleans after an account of the expenses shall be duly certified to be correct by the presiding judge and the clerk of court. The fees, salaries, and expenses to be paid shall be fixed and regulated by the parish or city authority unless otherwise provided by law; ...

Essentially, plaintiff argues, and the lower courts found, that the medical expenses here were “expenses incurred ... by the arrest, confinement, and prosecution” of Sam, and therefore, LCG is responsible. LCG argues that the expenses were not caused by the arrest, but were merely the result of an injury prior to the arrest, and therefore, La. R.S. 15:304 is inapplicable. We agree.

We have never been presented with the issue of whether La. R.S. 15:304 applies to medical expenses, as we have only interpreted the statute relative to administrative expenses. See e.g., State v. Citizen, 04-1841 (La.4/1/05), 898 So.2d 325 (funding for indigent defense); Prator v. Caddo Parish, 04-0794 (La.12/1/04), 888 So.2d 812 (dispute between parish and sheriff over funding obligations at parish correctional center); State v. Craig, 93-2515 (La.5/23/94), 637 So.2d 437 (funding for indigent defendants’ expert witnesses and investigative services in capital cases); State v. Peart, 621 So.2d 780 (La.1993) (funding for indigent defense); State v. Henderson, 341 So.2d 879 (La.1977) (funding for indigent defendant’s witnesses); State v. Mejia, 250 La. 518, 197 So.2d 73, 77 (1967) (expenses for transferring venue).

We have described La. R.S. 15:304 as “a general statute which directs parishes to pay for the administration of the criminal justice system and sets up procedures for |4accounting for expenses.” Peart, supra at 784, n. 1. In Craig, we explained that “[b]y virtue of LSA-R.S. 15:304 and its predecessor statutes, the legislature has [1263] historically placed the responsibility for operating the criminal court system upon parish governments.” 637 So.2d at 441. We have also described the purpose of the predecessor statute to La. R.S. 15:304, La. C.Cr.P. art. 529.8, as “intended ... to put at rest the confusion which would attend the payment of expenses incurred by several parishes in dealing with the same case.” Mejia supra at 77.

Indeed, reading La. R.S. 15:304 as a whole, which we are required to do when interpreting any statute, it does seem clear that its purpose was to impose upon the parish where the crime was committed the duty to pay the administrative costs of the criminal proceeding. Further, the procedure for accounting for expenses is for the presiding judge and clerk of court to certify the amount of expense to be paid, and, the amount of these expenses are “fixed and regulated by the parish.” The presiding judge and clerk of court would not be able to certify the amount of medical expenses to be paid; they are only qualified to certify the amount of criminal court administrative expenses.

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Vizzi v. Lafayette City-Parish Consolidated Government, 93 So. 3d 1260, 2012 WL 2512719, 2012 La. LEXIS 1958 (La. 2012).

93 So. 3d 1260 (Vizzi v. Lafayette City-Parish Consolidated Government) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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