Boley v. Knowles

• Decision Date: 21 March 1995
• Docket Number: No. 77207,77207
• Citation: 905 S.W.2d 86
• Parties: Kimberly BOLEY, b/n/f Carolyn Boley, Appellant, v. B. Kevin KNOWLES, D.O., Respondent.
• Court: Missouri Supreme Court

Page 86

905 S.W.2d 86

Kimberly BOLEY, b/n/f Carolyn Boley, Appellant, v. B. Kevin KNOWLES, D.O., Respondent.

No. 77207.

Supreme Court of Missouri En Banc.

March 21, 1995.

Richard F. Modin, Philip R. Holloway, Miller, Dougherty & Modin, Kansas City, for appellant.

Terry M. Evans, Grant T. Williams, Andereck Evans, Milne, Peace & Baumhoer, Trenton, for respondent.

COVINGTON, Chief Justice.

Kimberly Boley, a minor, by her mother Carolyn Boley as next friend, appeals an order of the trial court denying Kimberly leave to amend her petition for damages to include costs of medical treatment resulting from the alleged negligence of B. Kevin Knowles, D.O. The trial court, pursuant to Rule 74.01(b), determined that there was no just reason to delay appeal of its order denying leave to amend. The Missouri Court of Appeals, Western District, affirmed. This Court granted transfer. Appeal dismissed.

On June 29, 1989, Dr. Knowles treated Kimberly for a laceration of her right knee. At the time of the injury, Kimberly was a minor in the custody of her natural mother, Carolyn Boley. After treatment by Dr. Knowles, Kimberly allegedly experienced complications which necessitated further medical treatment.

Kimberly, by her mother as next friend, filed a petition for damages on April 21, 1992, alleging that the complications and their consequences were caused by Dr. Knowles' negligence. Carolyn Boley joined the action in her individual capacity, alleging that, as Kimberly's parent, she incurred medical expenses for Kimberly's treatment necessitated by Dr. Knowles' negligence.

Dr. Knowles moved to dismiss Carolyn Boley's claim, asserting that the statute of limitations barred the claim for medical expenses. ¹ The trial court granted the motion. Soon thereafter, Kimberly sought leave of court to amend her petition to seek damages for the medical bills incurred as a result of the alleged medical malpractice. ² The trial court denied the motion for leave to amend, holding that to grant Kimberly leave to amend her petition would effectively extend the statute of limitations that barred her mother's claim. The trial court amended its order, pursuant to Rule 74.01(b), to declare that there was no just reason to delay appeal of the order.

Neither party questions the authority of the trial court to certify its order as appealable pursuant to Rule 74.01(b). This Court is nevertheless required to determine whether it has jurisdiction to hear the appeal. Committee for Educ. Equality v. State, 878 S.W.2d 446, 450 (Mo. banc 1994). "A prerequisite to appellate review is that there be a final judgment." Id.; § 512.020, RSMo 1994. If the order of the trial court was not a final judgment, this Court lacks jurisdiction and the appeal must be dismissed. Committee for Educ. Equality, 878 S.W.2d at 454. An appealable judgment disposes of all issues in a case, leaving nothing for future determination. Quiktrip Corp. v. City of St. Louis, 801 S.W.2d 706, 710 (Mo.App.1990). Rule 74.01(b), however, permits a trial court to enter judgment on a single claim when multiple claims are asserted in a single case and to certify its judgment as appealable "upon an express determination that there is no just reason for delay." A judgment that resolves fewer than all legal issues as to any single claim is not a final judgment and may not be separately appealed even if the trial court designates it as final and appealable. Committee for Educ. Equality v. State, 878 S.W.2d at 450. "Similarly, a judgment that disposes of only one of several remedies and leaves other remedies relating to the same legal rights open for future adjudication is not a final judgment under Rule 74.01(b)." Id. Thus, if the order disposed of "one claim for relief," ³ the order is a final judgment and this Court has jurisdiction. Conversely, if the order merely disposed of a remedy, it is not a final judgment and this Court lacks jurisdiction to entertain the appeal.

Dr. Knowles asserts that the claim for medical expenses belongs to Kimberly's parents alone; thus, Kimberly's claim, if any, is barred by the statute of limitations. Kimberly argues that her claim exists independently of and concurrently with her mother's claim; therefore, the statute of limitations defense asserted against her mother's claim to recover medical expenses is inapplicable to her claim. If recovery of medical expenses is available solely to the parents, the trial court's order denying Kimberly leave to assert the parental cause of action disposed of "one claim for relief" and the certification of its order as appealable pursuant to Rule 74.01(b) was proper. If, on the other hand, the cause of action is vested in the child as well as the parents, then recovery of medical expenses is merely one of Kimberly's remedies, and the trial court's certification of its order as appealable was error.

At common law, an injury to a child gave rise to two causes of action: one on behalf of the child for pain and suffering, permanent injury, and impairment of earning capacity after majority; the other on behalf of the parents for loss of services during minority and expenses for treatment. Evans v. Farmers Elevator Co., 347 Mo. 326, 147 S.W.2d 593, 599 (banc 1941). The rule developed because parents had a duty to support their child, and were in turn entitled to the custody, control, services, and earnings of the child. Mennemeyer v. Hart, 359 Mo. 423, 221 S.W.2d 960, 962 (1949); 59 Am.Jur.2d Parent and Child §§ 37, 41 (1987). One objective of the common law rule was to allow the party who actually suffered the damages to recover the loss from the tortfeasor. The rule was also designed to prevent double recoveries. Sox v. United States, 187 F.Supp. 465, 469 (E.D.S.C.1960).

Although the common law vested the primary cause of action in the parents, under certain circumstances courts have permitted a minor to recover for medical expenses incurred as a result of another's negligence. In Garrison v. Ryno, 328 S.W.2d 557, 564 (Mo.1959), this Court held that the child may recover for medical expenses upon a showing that the parents waived their claim in favor of the child. Further, if the parents, acting as next friend, guardian ad litem, or guardian and curator of the child, with full knowledge of the contents of the pleadings and in full control of the prosecution, stand by and permit the child to assert a claim for medical expenses, the parents will be estopped from asserting the claim on their own behalf. Id. When the parents are so estopped, the child is permitted to recover the medical expenses. Id. If the child has been emancipated, the cause of action for recovery of medical expenses properly belongs to the child. Evans, 147 S.W.2d at 599. In Sommers v. Hartford Accident & Indem. Co., 277 S.W.2d 645, 649 (Mo.App.1955), the court of appeals held that a minor may also recover for medical expenses if the minor actually paid for the medical expenses. The holdings that have permitted an injured minor to recover medical expenses are consistent with the purposes of allowing the party actually bearing the loss to recover his or her damages and of preventing double recoveries.

Under certain circumstances, courts have permitted creditors to hold minors liable for their debts, including medical expenses. For example, a minor or the minor's estate may be compelled to pay medical expenses upon a finding that the expenses were necessary. See Merrick v. Stephens, 337 S.W.2d 713, 719 (Mo.App.1960); Fenn v. Hart Dairy Co., 231 Mo.App. 1005, 83 S.W.2d 120, 123 (1935). Within statutory limits, a hospital may recover for services provided by claiming a lien upon the proceeds of a minor's action for injuries sustained as the result of another's negligence. § 430.230, RSMo 1994. Similarly, federal law, under certain circumstances, may operate to allow hospitals to file and enforce a lien for services provided upon a personal injury award of a minor. See Riley v. Herbes, 524 N.W.2d 523 (Minn.Ct.App.1994); Employment Retirement Income Security Act (ERISA), 29 U.S.C. §§ 1001-1461 (1985 & Supp.1994). The common law vested the medical expense action in the parents because the parents were responsible to pay such expenses. Because minors can often be held liable for medical expenses incurred for their treatment, this rationale for granting the primary cause of action for medical expenses in the parents is questionable.

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