In re Pouliot
| Citation | 196 BR 641 |
| Decision Date | 30 May 1996 |
| Docket Number | Bankruptcy No. 92-25155-BKC-PGH. Adv. No. 96-1095-BKC-PGH-A. |
| Parties | In re Reynald POULIOT, Debtor. Tyler CACCAMO, et al., Plaintiff, v. Reynald POULIOT, Defendant. |
| Court | United States Bankruptcy Courts. Eleventh Circuit. U.S. Bankruptcy Court — Southern District of Florida |
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William C. Stalions, Ft. Lauderdale, FL, for Reynald Pouliot.
Marika Tolz, Trustee, Hollywood, FL.
FINDINGS OF FACT, CONCLUSIONS OF LAW AND MEMORANDUM OPINION DENYING IN PART AND GRANTING IN PART DEFENDANT'S MOTION FOR SUMMARY JUDGMENT
THIS MATTER came before the Court upon Defendant's, Reynald Pouliot ("Dr. Pouliot"), Motion for Summary Judgment and Amended Motion for Summary Judgment (collectively, Dr. Pouliot's "Motion"), Plaintiffs', Tyler Caccamo, a minor, by and through his parents and legal guardians, Anthony Caccamo and Sheila Caccamo, and Anthony Caccamo and Sheila Caccamo, individually (the "Plaintiffs"), Response and Memorandum in Opposition to Motion for Summary Judgment (the "Response"), Dr. Pouliot's Reply Memorandum in Support of Amended Motion for Summary Judgment (the "Reply"), and the Joint Stipulation of Facts and Amendment to the Joint Stipulation of Fact Regarding Dischargeability of Debt (collectively, the "Joint Stipulation"), and the Court having considered Dr. Pouliot's Motion, the Response, the Reply, the Joint Stipulation, the deposition of Sheila Caccamo (the "Caccamo Deposition"), the deposition of Dr. Paul Gatewood (the "Gatewood Deposition") and other supporting evidence, hereby makes the following findings of fact and conclusions of law.
On March 27, 1992, the Plaintiff, Tyler Caccamo ("Tyler"), a minor, by and through his parents and legal guardians, Anthony Caccamo and Sheila Caccamo, filed a medical malpractice action against Dr. Pouliot in the Circuit Court of the 17th Judicial Circuit in and for Broward County, Florida, Case No.: 92-08402(04) (the "State Court Action"). In the State Court Action, the Plaintiffs sought damages based on Dr. Pouliot's alleged medical negligence during Sheila Caccamo's delivery of Tyler on May 15, 1990, which resulted in the fracturing of Tyler's skull and neurological damage.
On July 7, 1995, Dr. Pouliot filed a Consent to Judgment for ten million dollars ($10,000,000.00) in the State Court Action. On July 18, 1995, Circuit Court Judge Patricia W. Cocalis accepted Dr. Pouliot's Consent to Judgment and entered a final judgment in favor of the Plaintiffs in the sum $10,000,000.00 (the "Debt"), which has not been appealed.
Dr. Pouliot is a medical doctor who is licensed to practice medicine in the State of Florida and specializes in the fields of obstetrics and gynecology. Dr. Pouliot has hospital privileges at Holy Cross Hospital and Broward General Medical Center located in Broward County, Florida. At all times pertaining hereto, Dr. Pouliot held himself out as a physician licensed by the State of Florida and displayed on the wall of his office a certificate which disclosed that he was licensed by the State of Florida to practice medicine. As a licensed physician in the State of Florida, Dr. Pouliot is subject to the laws of the State of Florida regulating the practice of medicine by licensed physicians, including, but not limited to, Chapter 458 of the Florida Statutes entitled "Medical Practice."
Florida Statute § 458.320 (1991), entitled "Financial Responsibility" (the "Financial Responsibility Act"), which was in effect on the date of Tyler's injury states the requirements of financial responsibility for a medical physician practicing in the State of Florida, as well as the exceptions thereto. As a condition for licensure, during the years of 1987 through 1989 and 1989 through 1991, Dr. Pouliot filled out and signed a form entitled "Completion of all Sections of this Form is Mandatory for Renewal of Your License" (the "Renewal Form"), as required by the Department of Business and Professional Regulation (the "DBPR"). The Renewal Form included the following statement:
I have elected not to carry medical malpractice insurance or otherwise demonstrate financial responsibility; however, I agree to satisfy any adverse judgments up to the minimum amounts pursuant to Section 458.320(5)(g)(1), Florida Statute. I understand that I must post notice in the form of a sign prominently displayed in the reception area or provide a written statement to any person to whom medical services are being provided that I have decided not to carry medical malpractice insurance or otherwise demonstrate financial responsibility. I understand that such a sign or notice must contain the wording specified in Section 458.320(5)(g), Florida Statutes.
Consistent with the requirements set forth in the Renewal Form and in Fla.Stat. § 458.320, Dr. Pouliot hung a sign on the wall of the reception area of his office (the "Sign"), which stated the mandatory language of Fla.Stat. § 458.320(5)(g)(4).1 It is undisputed that Sheila Caccamo saw and read the Sign during her medical visits with Dr. Pouliot, but at no time saw the Renewal Form prior to May 15, 1990.
On November 25, 1992, Dr. Pouliot filed his voluntary petition for bankruptcy relief under Chapter 7 of the Bankruptcy Code (the "Code"). On August 3, 1995, the Plaintiffs filed the Adversary Complaint to Determine Dischargeability of Debt (the "Complaint") seeking this Court's determination that the Debt is excepted from discharge pursuant to 11 U.S.C. §§ 523(a)(2)(B), 523(a)(4) and 523(a)(6).
In Dr. Pouliot's bankruptcy schedules and statements, the Plaintiffs' claim is listed as unsecured and unliquidated in the sum of three million dollars ($3,000,000.00). The Plaintiffs have each filed a proof of claim in the amount of $10,000,000.00, as unsecured creditors.
As of the date of the filing of the Complaint, Dr. Pouliot has not paid the Plaintiffs any portion of the Debt. Pursuant to the Joint Stipulation, at all times pertaining hereto and at the time of Dr. Pouliot's treatment of Sheila and Tyler Caccamo, Dr. Pouliot used money and other assets earned by him to pay mortgage obligations for the Lyse Cloutier Revocable Trust, the assets of which are presently available for his and his family's use. Specifically, Dr. Pouliot has obligated himself to the repayment of certain mortgage indebtedness for the purchase of various pieces of improved real property (the "Properties") that are not homestead properties by placing the title to the Properties in a trust entitled "The Lyse Cloutier Pouliot Revocable Trust." It is undisputed that the Properties are not subject to levy by Dr. Pouliot's creditors.
This Court has jurisdiction over this adversary proceeding pursuant to 28 U.S.C. §§ 157, 1334, 1411(a), and 11 U.S.C. § 523. This is a core proceeding whereby this Court is authorized to hear and determine all matters regarding this case in accordance with under 28 U.S.C. § 157(b)(2)(I).
In order to prevail on a motion for summary judgment, the movant must meet the statutory criteria set forth in Rule 56 of the Federal Rules of Civil Procedure, made applicable to adversary proceedings by Federal Rule of Bankruptcy Procedure 7056. Gui L.P. Govaert, Trustee, et al. v. Southern Nat'l Bank of North Carolina and Anthony S. Caserta, Debtor (In re Caserta), 182 B.R. 599, 603-605 (Bankr.S.D.Fla.1995). Rule 56(c) of the Federal Rules of Civil Procedure states that summary judgment shall be entered only if "there is no genuine issue as to any material fact and . . . the moving party is entitled to summary judgment as a matter of law." Fed.R.Civ.P. 56; Clemons v. Dougherty Co., Georgia, 684 F.2d 1365, 1368 (11th Cir.1982) citing Adickes v. S.H. Kress & Co., 398 U.S. 144, 157, 90 S.Ct. 1598, 26 L.Ed.2d 142 (1970).
A fact is material if it "might affect the outcome of the suit under governing law." Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 247, 106 S.Ct. 2505, 2509, 91 L.Ed.2d 202 (1986). There is no genuine issue for trial if the record, taken as a whole, does not lead a rational trier of fact to find for the nonmoving party. Matsushita Elec. Indus. Co., Ltd. v. Zenith Radio Corp., 475 U.S. 574, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986).
It is well established that a plaintiff in a dischargeability action must establish the elements of his or her case by a preponderance of the evidence. Sheryl Corsi and David Corsi, her husband v. Paul K. Berman, Dr. (In re Berman), 154 B.R. 991, 1000-1001 (Bankr.S.D.Fla.1993) citing Grogan v. Garner, 498 U.S. 279, 285, 111 S.Ct. 654, 659, 112 L.Ed.2d 755 (1991). Furthermore, exceptions to the operation of a discharge in bankruptcy pursuant to 11 U.S.C. § 523 should be narrowly construed. Gleason v. Thaw, 236 U.S. 558, 562, 35 S.Ct. 287, 289, 59 L.Ed. 717 (1915); Schweig v. Hunter (In re Hunter), 780 F.2d 1577, 1579 (11th Cir.1986).
The issue before this Court is whether Dr. Pouliot's Motion should be granted regarding the nondischargeability of the Debt pursuant to 11 U.S.C. §§ 523(a)(2)(B), 523(a)(4), and 523(a)(6), as a matter of law. Having reviewed all the relevant pleadings, this Court finds that there are no genuine issues of material fact pertinent or relevant to Dr. Pouliot's Motion or related pleadings regarding nondischargeability of the Debt pursuant to 11 U.S.C. §§ 523(a)(2)(B) and 523(a)(4) and that summary judgment as to these two grounds must be granted in favor of Dr. Pouliot as a matter of law. However, this Court also finds that genuine issues of material fact exist as to the nondischargeability of the Debt pursuant to 11 U.S.C. § 523(a)(6) and that summary judgment as to this ground must be granted in part and denied in part as a matter of law.
Title 11 U.S.C. 523(a)(2)(A) provides in relevant part:
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