Williams v. Reiss

643 So. 2d 792, 1994 WL 528486
CourtLouisiana Court of Appeal
DecidedSeptember 29, 1994
Docket94-CA-0672
StatusPublished
Cited by4 cases

This text of 643 So. 2d 792 (Williams v. Reiss) 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
Williams v. Reiss, 643 So. 2d 792, 1994 WL 528486 (La. Ct. App. 1994).

Opinion

643 So.2d 792 (1994)

Todd WILLIAMS
v.
David REISS, M.D., and Elmwood Industrial Medical Center.

No. 94-CA-0672.

Court of Appeal of Louisiana, Fourth Circuit.

September 29, 1994.

*793 Richard Ducote, Fine & Associates, New Orleans, for plaintiff-appellant.

Ambrose K. Ramsey, III, Law Offices of Richard E. Birtel, Metairie, for defendants-appellees.

Before PLOTKIN, JONES and LANDRIEU, JJ.

PLOTKIN, Judge.

Plaintiff Todd Williams (Williams) appeals the dismissal of his suit on an exception of prematurity. The issue for review is whether this is an admiralty case governed by federal law or a medical malpractice action subject to the Louisiana Medical Malpractice Act. For the following reasons, we conclude that this is a medical malpractice case and thus affirm the trial court's granting of defendants' exception of prematurity.

Williams filed suit against Dr. David Reiss (Dr. Reiss) and his employer, Elmwood Industrial Medical Center (hereinafter collectively referred to as "defendants"), on August 10, 1993. According to his petition, Williams injured his back on January 28, 1991 while working as a deckhand on a commercial tugboat operating on the Mississippi River. The injury occurred when Williams pulled a wire while attempting to tie a barge to the tugboat. Williams asserted that his injury occurred because Dr. Reiss failed to warn Williams that he had a back condition.

According to Williams's petition, Dr. Reiss examined Williams on two occasions prior to his injury. On June 19, 1989, Dr. Reiss *794 conducted a pre-employment physical that allegedly revealed a narrowing of the L5-S1 disc space of Williams's spine. Dr. Reiss allegedly failed to inform Williams about his back condition. Dr. Reiss examined Williams a second time in November 1990, after Williams injured his back while working on a tugboat. The second examination allegedly revealed further narrowing at both L4-5 and L5-S1. Dr. Reiss allegedly instructed Williams to return to full duty in December 1990, once again failing to warn Williams of the risks associated with his back condition. Williams returned to work and subsequently suffered the injury giving rise to this action.

Williams asserted that his suit was cognizable in admiralty under the saving to suitors clause. See 28 U.S.C. § 1333 (1992). The basis for admiralty jurisdiction was that Williams's injury occurred on a navigable waterway and that defendants were engaged in a maritime medical practice. Williams's petition set forth the following allegations pertaining to defendants' maritime activities:

6. At all times relevant herein, Defendants Reiss and Elmwood were engaged in the practice of occupational and industrial medicine, and held themselves out as providing evaluations and treatment of seamen such as Plaintiff. These Defendants had extensive and specialized experience in the maritime industry, particularly tugboats, and professed specialized expertise in diagnosing and treating injuries to Jones Act seamen, including the provision of "cure" to such seamen.
7. The work of these Defendants in the provision of evaluations of seamen, and in providing "cure" to seamen was an integral part of the maritime commerce engaged in by Plaintiff's employer, and other such marine employers.
8. At all times relevant herein, Plaintiff and Defendants had a physician-patient relationship such as to obligate Defendants to warn Plaintiff of any occupational dangers within their knowledge and to otherwise provide competent evaluation and treatment.
9. At all times relevant herein, Defendants knew that their evaluations and treatment of Plaintiff directly affected his work as a deckhand aboard a tugboat on navigable waters.
10. At all times relevant herein, Defendants were evaluating and treating Plaintiff for the specific purpose of determining Plaintiff's ability to work as a deckhand aboard a tugboat on navigable waters, and for the specific purpose of providing "cure" as defined by maritime law.

On October 20, 1993, defendants filed an exception of prematurity, arguing that under the Louisiana Medical Malpractice Act ("the Act"), Williams was required to proceed before a medical review panel prior to filing suit against defendants. Williams filed an opposition on December 14, 1993 in which he argued that his case was not a medical malpractice action, but rather a maritime tort action governed by federal maritime law. A hearing on defendants' exception was held December 17, 1993. Judgment was rendered January 10, 1994, granting defendants' exception of prematurity.

Williams brought this appeal, arguing that the state statutory scheme requiring medical malpractice review prior to filing suit cannot encumber his right to sue under federal maritime law. We hold that this case is not within admiralty jurisdiction, and even if it were, Williams would still be required to proceed before a medical review panel in accordance with the Louisiana Medical Malpractice Act.

The Louisiana Medical Malpractice Act provides in pertinent part that "[n]o action against a health care provider covered by this Part, or his insurer, may be commenced in any court before the claimant's proposed complaint has been presented to a medical review panel established pursuant to this Section." La.R.S. 40:1299.47(B)(1)(a)(i). It is undisputed that defendants were covered under the Act. Thus, unless Williams is correct in arguing that this is a federal maritime case that is not subject to the Act, Williams must proceed before a medical review panel prior to filing suit against defendants. See, e.g., Derouen v. Kolb, 397 So.2d 791, 794 (La.1981); Thomas v. LeJeune, Inc., 501 So.2d 1075, 1076 (La.App. 2d Cir.1987).

*795 In order for his case to fall within admiralty jurisdiction, Williams must satisfy the two-part test established by the United States Supreme Court in Executive Jet Aviation, Inc. v. City of Cleveland, 409 U.S. 249, 268, 93 S.Ct. 493, 504, 34 L.Ed.2d 454, 467 (1972), Foremost Ins. Co. v. Richardson, 457 U.S. 668, 673, 102 S.Ct. 2654, 2658, 73 L.Ed.2d 300, 305 (1982), and Sisson v. Ruby, 497 U.S. 358, 361-62, 110 S.Ct. 2892, 2895-96, 111 L.Ed.2d 292 (1990): (1) there must be a "maritime locality," i.e., the injury must occur on or over navigable waters; and (2) there must be a "maritime nexus," i.e., a significant relationship between the wrong and traditional maritime activities involving navigation or commerce on navigable waters. In declining to find admiralty jurisdiction over a commercial airline accident that occurred in a navigable waterway, the Executive Jet Court stated:

"The power reserved to the states, under the Constitution, to provide for the determination of controversies in their courts, may be restricted only by the action of Congress in conformity to the judiciary sections of the Constitution.... Due regard for the rightful independence of state governments, which should actuate federal courts, requires that they scrupulously confine their own jurisdiction to the precise limits which [a federal] statute has defined."

Executive Jet, 409 U.S.

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Bluebook (online)
643 So. 2d 792, 1994 WL 528486, Counsel Stack Legal Research, https://law.counselstack.com/opinion/williams-v-reiss-lactapp-1994.