Schoedinger v. Beck
Schoedinger v. Beck
Opinion of the Court
George R. Schoedinger, III, M.D. ("Appellant") appeals the trial court's grant of summary judgment in favor of John Beck ("Respondent"), a licensed Missouri attorney, in an action for account stated and breach of contract. In the underlying action, Appellant sought to recover amounts owed for medical treatment he rendered to Respondent's client, Jason Hunter ("Hunter"), who was injured in a car accident. Before Appellant treated Hunter, the parties signed a document entitled "Guaranty" (the "Guaranty") which purported to grant Appellant a lien on any settlement proceeds Hunter would recover from the liable driver. Upon settling Hunter's case, Respondent sent partial payment for the costs of medical services billed to Hunter and explained that Appellant's failure to file a hospital lien barred him from recovering the full amount billed to Hunter through the settlement proceeds. Consequently, Appellant filed a three-count petition against Respondent and Hunter for the remaining amount due to him. The trial court awarded summary judgment in favor of Respondent, finding the rationale of Huey v. Meek ,
We affirm the judgment of the trial court.
I. Factual and Procedural Background
After being injured in a car accident, Hunter sought treatment from Appellant, *533a medical doctor. Appellant treated Hunter for his injuries from September through November of 2012. Appellant billed Hunter for the total costs of the medical services rendered, which totaled $59,375.00.
In addition to seeking medical treatment, Hunter also retained Respondent as his attorney to represent him in an action to recover damages for personal injuries arising out of the aforementioned car accident from the liable driver. Prior to treating Hunter, Appellant drafted and presented the Guaranty to Respondent, and both parties signed the agreement. Hunter was not a party or signatory to the Guaranty. The Guaranty granted Appellant "a lien on any proceeds of settlement in [Hunter's] case after payment of attorney's fees...." Upon Respondent settling the case against the liable driver on Hunter's behalf, Respondent provided notice of Hunter's settlement and submitted payment to Appellant in the amount of $39,901.15. Appellant contended that, per the Guaranty, he was owed the full payment of $59,375.00, and therefore requested payment for the unpaid amount of $19,455.85. Respondent explained in a letter to Appellant that § 430.225 was the framework for his calculations and the payment of $39,901.15 reflected "an amount which [co-counsel] and I feel is fair."
After Respondent continuously refused to make the additional payment, Appellant filed a three-count petition against Respondent and Hunter; Appellant asserted claims of breach of contract against Respondent, quantum meruit against Hunter, and account stated against both Respondent and Hunter. Appellant later voluntarily dismissed Hunter from the lawsuit. Appellant filed a motion for summary judgment alleging that, pursuant to the Guaranty, Appellant was due the additional $19,455.85 for the medical services provided to Hunter. Respondent filed an affidavit in opposition to summary judgment stating he never intended to become personally liable under the Guaranty for the payment of the medical services rendered by Appellant. The trial court denied Appellant's motion based on the holding in Huey,
After Appellant's motion for summary judgment was denied, Respondent filed a motion for summary judgment arguing that § 430.225, as applied in Huey , controlled all issues before the court and preempted the Guaranty. Appellant responded that the claim survived summary judgment because the language of the Guaranty was ambiguous since it could be interpreted as a lien on the proceeds of Hunter's settlement or as a guarantee that Respondent would be personally liable for the debt. After considering the parties' arguments, the trial court granted Respondent's motion. In its judgment, the trial court found Huey to be determinative. Further, in addressing whether the Guaranty was ambiguous, the court held that "when construing the purported ambiguities against the drafter the court finds that *534the Guaranty was an attempt to create a consensual lien on the proceeds of the settlement of the underlying personal injury case."
This appeal follows.
I. Standard of Review
The standard of review for a trial court's decision granting a motion for summary judgment is essentially de novo. ITT Commercial Fin. Corp. v. Mid-Am. Marine Supply Corp.,
II. Discussion
Appellant's sole point on appeal is that the trial court erred in entering summary judgment in favor of Respondent because a genuine issue of material fact exists about the intended effect of the Guaranty. Appellant argues that the Guaranty is ambiguous because it can be construed as a direct cause of action against Respondent personally or as a lien on the settlement proceeds of Hunter. Appellant's argument does not have merit because the Guaranty is preempted by § 430.225, and is not ambiguous.
A. The Guaranty is not a valid lien on the settlement proceeds
Before addressing Appellant's assertion that the Guaranty is ambiguous because it reads to have a dual interpretation, it is essential to provide a background as to what share of costs healthcare providers are entitled to receive under Missouri statutes. Sections 430.225 to 430.250 establish the procedures hospitals and health practitioners must follow to secure a lien to recover amounts due for medical services rendered to a person injured by a tort-feasor. Section 430.230 specifically established that healthcare providers that render medical services to persons injured as the result of another's negligence or wrongful act shall have a lien on any and all claims the injured person may assert against the persons or persons who caused said injury. § 430.230. The statute was "designed with a dual purpose: to ensure that injured patients are quickly treated without first considering if the patients are able to pay and to protect healthcare providers financially so that they could continue to provide care." Kelly v. Marvin's Midtown Chiropractic, LLC,
In the present case, Appellant drafted and submitted to Respondent the Guaranty that, by its plain language, granted Appellant a "lien on any proceeds of settlement in [Hunter's] case after payment of attorney's fees." After settling Hunter's case, Respondent provided notice to Appellant and rendered payment, on behalf of Hunter, in the amount of $39,901.15. Even though Appellant did not file a lien pursuant to §§ 430.230 and 430.240, Respondent still paid him, out of Hunter's settlement proceeds, an amount equal to the statutory limitation for the costs of the medical services he provided. On appeal, Appellant argues that the trial court's grant of summary judgment was erroneous because the Guaranty was "ambiguous" as to whether the Guaranty was a consensual lien or a guarantee that attempted to make Respondent personally liable. Regardless, we find that it is preempted by statute.
In McGhee v. Dixon ,
As in Huey , where the court found that the lien statute contained limitations that were not contained in the consensual lien, here, § 430.225.3 limits the total amount that all healthcare providers may collect from Hunter's settlement in satisfaction of their liens to no more than 50 percent of *536the settlement. Since no such limitation is contained in the Guaranty, the Guaranty is preempted by § 430.225. By not availing himself of § 430.225, Appellant risked not receiving any payment from the settlement proceeds, but still received the amount he would have received had he complied with § 430.225.
In all, Appellant's Guaranty, which attempts to contract for the full amount of the cost of medical services provided to Hunter be paid out of Hunter's settlement amount is superseded by § 430.225.
B. The Guaranty is not ambiguous
Appellant contends that the terms of the Guaranty are in fact ambiguous because the Guaranty can be interpreted as a lien on the proceeds of Hunter's settlement or as a guarantee that Respondent would be personally liable for the debt. However, Appellant ignores that, as the drafter of the Guaranty, any ambiguous language in the contract will be construed against him. See J.H. Berra Constr. Co. v. City of Washington ,
"The cardinal principle of contract interpretation is to ascertain the intention of the parties and to give effect to that intent." Dunn Indus. Group, Inc. v. City of Sugar Creek ,
Appellant argues that Eveland is analogous to the present case, however, we find that it does not support Appellant's argument. In Eveland , a husband and wife separated and entered into an agreement under which the husband would pay the wife $800 a month upon his retirement. Eveland,
Unlike in Eveland , where there was ambiguity as to whether the $800 payment would account as maintenance or as a division of property, here the Guaranty's plain language clearly grants "a lien on any proceeds of settlement in [Hunter's] case after payment of attorney's fees." When examining the four corners of the Guaranty, it is apparent that Appellant was attempting to secure payment through Respondent, on behalf of Hunter, from the "proceeds of the settlement" for the cost of medical services associated with Hunter's personal injuries. Therefore, the Guaranty was directed at the "proceeds of settlement" in Hunter's personal injury case, not Respondent personally. There is no language within the four corners of the Guaranty which would make it apparent *537that "the terms are susceptible of more than one meaning so that reasonable persons may fairly and honestly differ in their construction of the terms."
Therefore, when read as a whole and given the terms their plain and ordinary meaning, the Guaranty is not ambiguous.
III. Conclusion
The trial court's summary judgment granted to Respondent is affirmed.
Kurt S. Odenwald, P.J., concurs.
Gary M. Gaertner, Jr., J., concurs.
All statutory references are to RSMo 2000 as updated through the most recent cumulative supplement, unless otherwise indicated.
For a lien to be effective, § 430.240 mandates that "a written notice ... shall be sent by certified mail with return receipt requested to the person or persons ... alleged to be liable to the injured party, if known, for the injuries sustained prior to the payment of any moneys to such injured person, his attorneys or legal representative, as compensation for such injuries...." Appellant did not file notice of a lien pursuant to § 430.240.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.