Warriner v. Stanton

475 F.3d 497, 2007 WL 110890
Court of Appeals for the Third Circuit·Decided January 18, 2007·No. 05-3435·Published·Cited by 53 cases

Opinions

OPINION OF THE COURT

FISHER, Circuit Judge.

This is an appeal from an order of the District Court for the District of New Jersey granting the defendant’s motion for summary judgment in a diversity action. The sole issue presented on appeal is whether the District Court erred in its choice of law analysis. Applying New Jersey’s “governmental interest” test, which requires a court to consider the nature and magnitude of each state’s interest in having its law govern a particular issue, the District Court concluded Delaware had a stronger interest than New Jersey in seeing its tort statute of limitations applied to the medical malpractice claim in this case. Consequently, it dismissed the plaintiffs’ claim as time-barred under the Delaware statute. For the reasons stated below, we will affirm the judgment of the District Court.

I. Factual and Procedural History

Robert Troy Warriner, Jr., a New Jersey resident, was born in 1989 with a physical deformity called talipes equinova-rus, more commonly known as “club foot.” This condition was first diagnosed twelve days after Warriner’s birth by physician Robert Stanton, a specialist in pediatric orthopedic surgery at the Alfred I. duPont Hospital for Children (“DuPont Children’s Hospital”) in Wilmington, Delaware. DuPont Children’s Hospital is owned by The Nemours Foundation, Inc. (“Nemours”).1 Over the next several years, between 1989 and 1996, Warriner underwent multiple corrective surgeries performed by Dr. Stanton at DuPont Children’s Hospital. Warriner’s suit centers on a final surgery performed in December of 1996. That surgery involved a procedure called “bilateral tibia and fibula anterior closing wedge osteotomies,” which Warriner’s parents believed would allow Warriner to walk independently. The Warriners allege the surgery was “inappropriately designed” and resulted in an overcorrection that further hampered their son’s ability to walk. In the aftermath, Warriner has undergone additional surgeries and physical therapy.

In January of 2003, Warriner, by guardians ad litem, filed a complaint for medical malpractice in New Jersey state court against Dr. Stanton and his employer, Nemours. Dr. Stanton was dismissed from the case by agreement of the parties. Nemours removed the case to federal court and filed a motion to dismiss on the basis that the case was barred by Delaware’s tort statute of limitations. The parties entered into a stipulation of undisputed facts to aid the District Court in determining whether New Jersey’s or Delaware’s statute of limitations should apply. That stipulation established the following additional facts. In 1995, Dr. Stanton became licensed in New Jersey at the instruction of his employer Nemours in order to facilitate payments from the State of New Jersey for treatment rendered to New Jersey residents. Dr. Stanton continues to be licensed in New Jersey and, in order to maintain his license, he takes continuing education classes each year. Nemours continues to pay Dr. Stanton’s annual renewal fees and he last renewed his license in 2003.

[499] In addition, from September 1998 through May 2001, Dr. Stanton worked as a pediatric specialist with a widely publicized new health program opened by Nemours in southern New Jersey. Dr. Stanton was listed in a professional journal in 2001 as an orthopedic specialist available for appointments at the facility. Since 1995, Dr. Stanton has provided medical treatment to nearly two thousand New Jersey residents at the southern New Jersey facility, The Nemours Children’s Clinic in Wilmington, and affiliated sites. Dr. Stanton received his medical malpractice insurance from The Nemours Foundation Self-Insurance Trust Fund to cover his medical malpractice liability. That coverage included medical malpractice claims in New Jersey as well as Delaware.

Analyzing the choice of law issue under New Jersey’s governmental interest test, the District Court determined that Delaware law was applicable and that, as a result, Warriner’s claims were time-barred under Delaware’s tort statute of limitations. The District Court reasoned that New Jersey’s primary interest in the case arose out of Warriner’s New Jersey residence, and that that interest was greatly attenuated because New Jersey had no connection to the events and conduct giving rise to the lawsuit. By contrast, the District Court observed that all of the events and conduct giving rise to the litigation occurred in Delaware, and Delaware had a strong, clearly stated policy interest in protecting its health care providers through its statute of limitations. In addition, it rejected Warriner’s argument that New Jersey’s statute of limitations and its minor tolling provision should apply because Dr. Stanton retained a New Jersey medical license and was affiliated with a pediatric practice in New Jersey. It observed that Dr. Stanton was not licensed in New Jersey at the time the Warriners began seeing him in Delaware, and he did not see any patients in New Jersey until nearly two years after the alleged negligent surgery in this case. The District Court concluded that Delaware’s strong governmental interest in seeing its law applied to torts alleged to have occurred within its borders, committed by physicians practicing within those borders, predominated and granted defendant’s motion for summary judgment.

Warriner filed a timely appeal.

II. Statement of Jurisdiction and Standard of Review

Plaintiffs initially filed an action in New Jersey state court. Defendants removed the action to the United States District Court for the District of New Jersey under 28 U.S.C. §§ 1332 and 1441. We have appellate jurisdiction over the final judgment of the District Court pursuant to 28 U.S.C. § 1291.

In reviewing a grant of summary judgment, we apply the same standard the district court was required to use initially. Public Interest Research Group of N.J., Inc. v. Powell Duffryn Terminals, Inc., 913 F.2d 64, 76 (3d Cir.1990). Summary judgment is appropriate where “there is no genuine issue as to any material fact and ... the moving party is entitled to judgment as a matter of law.” Fed. R.Civ.P. 56. The sole issue before us on appeal, the District Court’s interpretation and application of New Jersey’s choice of law rules, is a purely legal one and therefore subject to plenary review. Simon v. United States, 341 F.3d 193, 199 (3d Cir.2003).

III. Discussion

A. New Jersey’s Governmental Interest Test

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Warriner v. Stanton, 475 F.3d 497, 2007 WL 110890 (3d Cir. 2007).

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