Anchor Health Sys. v. Radowski

• Decision Date: 01 March 2023
• Docket Number: 22A-CC-611
• Parties: Anchor Health Systems, Inc., Appellant-Plaintiff, v. Dennis Radowski, City of Hammond and Professional Claims Mgmt., Inc., Appellees-Defendants
• Court: Indiana Appellate Court

1

Anchor Health Systems, Inc., Appellant-Plaintiff,
v.
Dennis Radowski, City of Hammond and Professional Claims Mgmt., Inc., Appellees-Defendants

No. 22A-CC-611

Court of Appeals of Indiana

March 1, 2023

Pursuant to Ind. Appellate Rule 65(D), this Memorandum Decision is not binding precedent for any court and may be cited only for persuasive value or to establish res judicata, collateral estoppel, or law of the case.

Appeal from the Lake Superior Court The Honorable Thomas P. Hallett, Judge Trial Court Cause No. 45D03-1601-CC-00048

ATTORNEY FOR APPELLANT

Daniel W. Sherman Valparaiso, Indiana

ATTORNEYS FOR APPELLEES

Amy Stewart Johnson Anthony W. Overholt Maggie L. Smith Frost Brown Todd LLC Indianapolis, Indiana

MEMORANDUM DECISION

MAY, JUDGE

2

[¶1] Anchor Health Systems, Inc. ("Anchor") appeals following the trial court's order denying its motion for relief pursuant to Indiana Trial Rule 59 and Indiana Trial Rule 60. We address the following two issues:

1. Whether the trial court abused its discretion when it denied Anchor's motion for relief pursuant to Trial Rule 59; and

2. Whether the trial court abused its discretion when it denied Anchor's motion for relief pursuant to Trial Rule 60

Because Anchor has not demonstrated the trial court abused its discretion by denying its motion under either rule, we affirm.^[1]

3

Facts and Procedural History

[¶2] On January 27, 2016, Anchor filed suit against Dennis Radowski ("Dennis"), the Hammond City Controller, and Professional Claims Management, Inc. ("PCM"). Anchor subsequently amended its complaint on September 29, 2020. In the amended complaint, Anchor alleged Dennis was an employee of the City of Hammond ("City"), and by virtue of his employment with the City, both he and his wife, Grace Radowski ("Grace"), were beneficiaries of a health insurance plan administered by PCM. Anchor alleged it provided healthcare services to Grace and it had not been paid for those services.

[¶3] The City and PCM (collectively, "City Defendants") subsequently filed a motion for summary judgment. Dennis did not join the motion for summary judgment. On September 16, 2021, the trial court issued an order granting the City Defendants' motion for summary judgment in which the trial court found:

1. Plaintiff filed its Amended Complaint requesting damages from the City Defendants under a health insurance policy with Defendant, Dennis Radowski, for home health care services provided to Mr. Radowski's wife

2. Plaintiff is seeking relief from City Defendants solely as an intended third-party beneficiary of the City of Hammond's health insurance plan administered by Professional Claims Management, Inc.

3. The determination of Plaintiff's status as a third-party beneficiary is a question of law requiring the interpretation of the health insurance plan.

4

* * * * *

6. The provisions cited by Plaintiff, either standing alone or read in the context of the entire plan, fail to show a clear and affirmative intent by Defendant, Dennis Radowski, and City Defendants to bestow rights upon Plaintiff as a third-party beneficiary.

(Appellant's App. Vol. II at 15-16.)

[¶4] On October 15, 2021, Anchor filed a motion seeking relief under both Trial Rule 60 and Trial Rule 59. In its motion, Anchor stated:

1. In its September 16, 2021 Order on Motion for Summary Judgment, this Court granted judgment in favor of defendants City of Hammond and Professional Claims Management, Inc. on the Amended Complaint filed by plaintiff.

2. Plaintiff recently discharged its former counsel, Jonathan O'Hara, and concurrently with this motion, have retained attorney Daniel W. Sherman to substitute as Anchor's attorney and he has moved to substitute as plaintiff's counsel in this case.

3. Plaintiff now seeks relief under Rule 60, sections (B) (1) (2) and (8) in that it has a meritorious claim for breach of contract against defendants City of Hammond and Professional Claims Management, Inc., which, on information

...