Levinger v. Mercy Medical Center, Nampa

• Citation: 139 Idaho 192,75 P.3d 1202
• Decision Date: 24 July 2003
• Docket Number: No. 27591.,27591.
• Parties: William LEVINGER, M.D., Plaintiff-Appellant, v. MERCY MEDICAL CENTER, NAMPA, Defendant-Respondent, and Coastal Emergency Medical Group, Inc., dba Coastal Physician, Services of the West, Inc., dba Anesthesia Partners, Inc.; Robert Fale and John Does I—X, whose true Identities are presently unknown, Defendants.
• Court: Idaho Supreme Court

75 P.3d 1202

139 Idaho 192

William LEVINGER, M.D., Plaintiff-Appellant, v. MERCY MEDICAL CENTER, NAMPA, Defendant-Respondent, and Coastal Emergency Medical Group, Inc., dba Coastal Physician, Services of the West, Inc., dba Anesthesia Partners, Inc.; Robert Fale and John Does I—X, whose true Identities are presently unknown, Defendants.

No. 27591.

Supreme Court of Idaho, Boise, January 2003, Term.

July 24, 2003.

Rehearing Denied July 24, 2003.

Seiniger Law Offices, Boise, for appellant. W. Breck Seiniger Jr. argued.

Givens Pursley, LLP, Boise, for respondent. Robert B. White argued.

SUBSTITUTE OPINION

THE COURT'S PRIOR OPINION DATED APRIL 16, 2003, IS HEREBY WITHDRAWN.

TROUT, Chief Justice.

This case is before this Court on William Levinger, M.D.'s (Levinger) appeal following a jury verdict in favor of Mercy Medical Center, Nampa (Mercy). In the proceedings below, Levinger claimed Mercy tortiously interfered with his prospective business advantage, violated the Rehabilitation Act of 1973 (Rehabilitation Act), and violated the Americans with Disabilities Act (ADA).

I. FACTUAL AND PROCEDURAL BACKGROUND

Levinger is a board certified anesthesiologist. Coastal Physicians Services of the West, Inc. ("Coastal") is a corporation engaged in providing licensed physicians to staff medical care facilities. Mercy is a general acute care hospital located in Nampa, Idaho. Coastal had an exclusive contract with Mercy to provide anesthesiology services. Levinger had an independent contractor agreement with Coastal. Levinger provided anesthesiology services and had medical staff privileges at Mercy pursuant to the Mercy-Coastal contract.

In April 1996, Levinger's erratic behavior set in motion a chain of events that led to the termination of his contract with Coastal and revocation of medical staff privileges at Mercy. In early April, Levinger announced his candidacy and began campaigning for Congress. After taking several days off from his job at Mercy, Levinger telephoned his supervisor to say that he was not presently safe to practice medicine and would not be coming to work on his next scheduled day. As a result of increasingly poor work performance and concerns about his mental health, an intervention group then met at Levinger's home to insist that Levinger seek voluntary treatment for what was apparently a psychological disorder. That same day, Mercy suspended Levinger's privileges on a precautionary basis, pursuant to Mercy's Medical Staff Bylaws. The following day, Levinger went to a television news studio for an interview about his campaign. When Levinger refused to leave the television station, studio personnel called police and Levinger was arrested in a partially disrobed condition. Levinger was then involuntarily committed to a psychiatric ward, where he remained until May 11, 1996. Levinger's behavior during this time was diagnosed as an acute manifestation of bipolar illness known as hypomania.

Coastal terminated its employment agreement with Levinger on May 6, 1996. The Levinger-Coastal agreement provided that Coastal had the right to immediately terminate the contract without advance notice if Levinger was denied medical staff privileges or if Levinger's license to practice medicine was suspended or revoked. In addition to having his staff privileges suspended by Mercy on April 16, Levinger's license to practice medicine was suspended by the Idaho State Board of Medicine on May 3, 1996. As a result of Coastal's termination of its contract with Levinger, Mercy terminated Levinger's clinical privileges on May 30, as required by the Mercy-Coastal and Levinger-Coastal agreements. Levinger's license to practice medicine was restored on October 30, 1996, but he has not worked as an anesthesiologist at Mercy since.¹

Levinger filed a complaint against Mercy on May 14, 1998, which he later amended. Levinger claimed Mercy tortiously interfered with his prospective business advantage by undermining his ability to obtain employment with the exclusive providers of anesthesia services at Mercy. Levinger also alleged Mercy violated the Rehabilitation Act and the ADA by discriminating against him based on his bipolar condition. Mercy moved for summary judgment on all of Levinger's claims. The district court denied the motion on Levinger's claim that Mercy tortiously interfered with his prospective business advantage and allowed the issue to proceed to trial. The district court also granted in part and denied in part Mercy's motion for summary judgment under the Rehabilitation Act and the ADA.

With regard to the Rehabilitation Act and ADA claims, the district court first ruled as a matter of law that Levinger did not have a disability. Second, the district court ruled that there was a question of fact as to whether Levinger was regarded by Mercy as having a disability. Therefore, Levinger was able to proceed to trial on the theory that Mercy had discriminated against him because it regarded him as having a disability. Third, the district court ruled Levinger was not an "otherwise qualified individual" or a "qualified individual with a disability" under the Rehabilitation Act or the ADA at any time after April 1996. Consequently, Levinger was precluded from bringing an employment discrimination claim under the Rehabilitation Act or Title I of the ADA. And finally, the district court denied Mercy's motion under the Rehabilitation Act and the ADA as to whether it discriminated against Levinger by denying him access to its facility, hospital privileges, and the benefits of services, programs, and activities at Mercy.

The case then went to jury trial on the remaining issues of whether Mercy tortiously interfered with Levinger's prospective business advantage, and whether Mercy violated the Rehabilitation Act and ADA by regarding Levinger as being disabled and denying him hospital privileges, access to its facility, and the benefits of services, programs, and activities at Mercy. After the jury returned its verdict in favor of Mercy, Levinger moved for a new trial based on juror misconduct and irregularity in the proceedings. Levinger provided the affidavit of one of the jurors who claimed that another juror had made statements during the trial evidencing bias against Levinger. The district court denied Levinger's motion for new trial by ruling that Levinger's evidence regarding juror misconduct was inadmissible under Idaho Rule of Evidence 606(b). In addition, the district court ruled the alleged irregularity in the proceedings—the district court's June 20, 2000, ruling on Mercy's motion for summary judgment—was not appropriately raised by Levinger in the post-trial motions and was otherwise harmless error. This timely appeal followed.

II. STANDARD OF REVIEW

When considering a ruling on motion for summary judgment, this Court's standard of review is the same as that used by the trial court in ruling on the motion. Barnes v. Barnes, 135 Idaho 103, 105, 15 P.3d 816, 818 (2000). The Court must liberally construe the facts in favor of the non-moving party and determine whether there is a genuine issue as to any material fact, and whether the moving party is entitled to judgment as a matter of law. I.R.C.P. 56(c). In making this determination, all allegations of fact in the record, and all reasonable inferences from the record are construed in the light most favorable to the party opposing the motion. Thomson v. City of Lewiston, 137 Idaho 473, 476, 50 P.3d 488, 491 (2002). The burden of proving the absence of material facts is upon the moving party. Id. Once the moving party establishes the absence of a genuine issue, the burden shifts to the nonmoving party to show that a genuine issue of material fact on the challenged element of the claim does exist. The nonmoving party may not rest upon the mere allegations or denials contained in the pleadings, but must come forward and produce evidence by affidavits or as otherwise provided in the rules to set forth specific facts showing that there is a genuine issue for trial. I.R.C.P. 56(e). Failure to do so will result in an order granting summary judgment. When reviewing a decision on a new trial based on juror misconduct, this Court applies an abuse of discretion standard. Hughes v. State, 129 Idaho 558, 561, 929 P.2d 120, 123 (1996). While we must review the evidence, we are not in a position to weigh the evidence as the trial court does. The trial court's determination not to grant a new trial will not be overturned absent manifest abuse of discretion. Jones v. Panhandle Distribs., Inc., 117 Idaho 750, 755, 792 P.2d 315, 320 (1990). The primary focus on review is the process by which the district court reached its decision, not the result of the district court's decision. Hughes, 129 Idaho at 561,929 P.2d at 123. Thus, the sequence of our inquiry is:

(1) whether the district court correctly perceived the issue as one of discretion; (2) whether the district court acted within the outer boundaries of its discretion and consistently with the legal standards applicable to the specific choices available to it; and (3) whether the district court reached its decision by an exercise of reason.

Sun Valley Shopping Center v. Idaho Power, 119 Idaho 87, 94, 803 P.2d 993, 1000 (1991).

III. DISCUSSION

Levinger seeks a new trial based on juror misconduct. When a motion for a new trial is made because of juror misconduct, the district court must determine whether there has been "a showing that prejudice reasonably could have occurred." Leavitt v. Swain, 133 Idaho 624, 629, 991 P.2d 349, 354 (1999) (citation omitted). Before reaching that question, however, the party seeking a new trial must demonstrate that juror misconduct occurred. Levinger has not sufficiently raised the issue of whether juror misconduct occurred.

Levinger challenges the dismissal of his ADA and Rehabilitation Act employment discrimination action on summary judgment. The Rehabilitation Act and the ADA...