Cunningham v. Chalmette Medical Center
Cunningham v. Chalmette Medical Center
Opinion of the Court
On May 21, 1998, Patricia Wallace Cunningham underwent surgery for a total hip replacement at Chalmette Medical Center. The surgery was performed by Drs. Ralph Gessner and Mark Vrahas. Following this surgery, Mrs. Cunningham was monitored and treated by Drs. John Thien, Michael Hill, Stephen Kishner and Walter Brent, Jr. as well as Drs. Gessner and Vrahas. Mrs. Cunningham contends that these physicians failed to appropriately monitor her condition and an infection developed which rendered her wheelchair bound.
On May 20, 1999, Mrs. Cunningham and her husband, Ernest E. Cunningham, filed suit against Drs. Gessner, Vrahas, Thien, Kishner, Hill, Brent, and Chalmette Medical Center (CDC no. 99-8353).
With regards to the exceptions of prematurity filed by Drs. Kishner and Vrahas, we agree with the trial court that they are moot as they were filed in response to the original petition for damages that was filed prior to the proceedings of the medical review panel. Following the conclusion of those proceedings, a second petition for damages was filed and the
The central issue in this appeal is whether venue is proper in Orleans Parish. According to Louisiana Code of Civil Procedure article 42(1) and (2), an action against an individual who is domiciled in the state shall be brought in the parish of his domicile and an action against a limited liability company shall be brought in the parish where its registered office is located. Furthermore, in accordance with Louisiana Code of Civil Procedure article 73, an action against joint or solidary obligors may be brought in a parish of proper venue as to any obligor. A plaintiff defending against an exception of venue by invoking the provisions of the article governing venue in an action against joint or solidary obligors must allege sufficient facts as to prove that the venue chosen is the proper venue for at least one of the joint or solidary obligors, and must also allege facts showing that the various defendants are in fact jointly or solidarily obligated. Strasner v. State, 99-1099 (La.App. 1 Cir. 6/23/00), 762 So.2d 1206.
In the instant case, all of the named defendants provided medical services in some form to the plaintiff, whether during, prior to or subsequent to her hip replacement surgery on May 21, 1998. As such, these defendants may be jointly liable for the plaintiffs damages. One of the defendant’s, IMG’s, registered office |4is in Orleans Parish. IMG is Dr. Hill’s employer and the limited liability company under which he operates his medical clinic. The evidence in the record indicates that IMG is the entity responsible for operating the medical clinic of which Dr. Hill is a member. In everything that it does, IMG holds itself out as the company responsible for running the clinic where Dr. Hill works, and IMG physicians, including Dr. Hill, hold themselves out as agents of IMG. .
Because IMG is a limited liability company whose registered office is located in Orleans Parish, venue would be proper in Orleans Parish as to IMG. Due to the nature of TMG’s relationship to Dr. Hill and the other named defendants, all of the parties may be jointly or solidarily liable for Mrs. Cunningham’s damages. As such, venue in Orleans Parish would be proper not only as to IMG but also for all of the other named defendants. Accordingly, the trial court was correct in denying the defendants’ exceptions of improper venue.
For the foregoing reasons, the judgment of the trial court is affirmed.
AFFIRMED.
. The plaintiffs also filed a lawsuit in St. Bernard Parish with the same allegations against the same defendants.
. UHS is a division of Chalmette Medical Center.
Reference
- Full Case Name
- Patricia Wallace Cunningham, Wife of/and Earnest CUNNINGHAM v. CHALMETTE MEDICAL CENTER, Ralph Gessner, M.D., Mark Vrahas, M.D., John T. Thien, M.D., Michael K. Hill, M.D., Stephen Kishner, M.D., Walter H. Brent, Jr., M.D. and ABC Insurance Company Patricia Wallace Cunningham, Wife of/and Ernest E. Cunningham v. Chalmette Medical Center, Ralph Gessner, M.D., Mark S. Vrahas, M.D., John T. Thien, M.D., Michael K. Hill, M.D., Stephen Kishner, M.D., Walter H. Brent, Jr., M.D., IMG Healthcare, L.L.C., and UHS of New Orleans, Inc.
- Cited By
- 1 case
- Status
- Published