Lymon v. Aramark Corp.

• Decision Date: 07 July 2010
• Docket Number: No. CIV 08-0386 JB/DJS,CIV 08-0386 JB/DJS
• Citation: 728 F.Supp.2d 1207
• Parties: Davon LYMON, Plaintiff, v. ARAMARK CORPORATION, Joseph Neubauer, Charlie Carrizales, Wexford Corporation, John Sanchez in his Official Capacity and Individual Capacity, Abner Hernandez, in his Official and Individual Capacity, Joe Williams as Secretary of the New Mexico Department of Corrections in his Individual and Official Capacity, and the New Mexico Department of Corrections, Defendants.
• Court: U.S. District Court — District of New Mexico

728 F.Supp.2d 1207

Davon LYMON, Plaintiff,

v.ARAMARK CORPORATION, Joseph Neubauer, Charlie Carrizales, Wexford Corporation, John Sanchez in his Official Capacity and Individual Capacity, Abner Hernandez, in his Official and Individual Capacity, Joe Williams as Secretary of the New Mexico Department of Corrections in his Individual and Official Capacity, and the New Mexico Department of Corrections, Defendants.

No. CIV 08-0386 JB/DJS.

United States District Court, D. New Mexico.

July 7, 2010.

Solomon Brown, Albuquerque, NM, for Plaintiff.

Theresa W. Parrish, Rodey, Dickason, Sloan, Akin & Robb, P.A., Albuquerque, NM, for Defendants Aramark Correctional Services, LLC, Joseph Neubauer, and Charlie Carrizales.

Sean Olivas, Javier F. Junco, Keleher & McLeod, P.A., Albuquerque, NM, for Defendants John Sanchez, Abner Hernandez, Joe Williams, and New Mexico Department of Corrections.

James R. Wood, Rachel Reinsvold, Miller Stratvert, P.A., Albuquerque, NM, for Defendant Wexford Corporation.

MEMORANDUM OPINION AND ORDER

JAMES O. BROWNING, District Judge.

THIS MATTER comes before the Court on Defendant Wexford Health Sources, Inc.'s Motion for Dismissal, filed January 7, 2010 (Doc. 74). The Court held a hearing on May 19, 2010. The primary issues is whether the Court should dismiss, pursuant to rule 12(b)(6) of the Federal Rules of Civil Procedure, Plaintiff Davon Lymon's claims against Defendant Wexford Health Sources, Inc., named in the Second Amended Complaint as Wexford Corporation (hereinafter "Wexford"), because the claims are untimely. Because the Court finds that the applicable statutes of limitations bar the claims in Count XV asserted against Wexford, the Court will dismiss Count XV and will dismiss Wexford as a party to the case.

FACTUAL BACKGROUND

At all times relevant to the Complaint, Lymon was an inmate at the Central New Mexico Correctional Facility in Valencia County, Los Lunas, New Mexico. See Plaintiff Davon Lymon's Second Amended Complaint for Negligence, Bodily Injury and Claims Under 42 U.S.C. Sections 1983 and 1985 ¶ 1, at 1, filed December 14, 2009 (Doc. 69)("Second Am. Complaint"). Wexford, pursuant to a contract with the New Mexico Department of Corrections, provided medical care for inmates. See Second Am. Complaint ¶ 1, at 1; Defendant Wexford's Answer ¶ 1, at 1, filed January 7, 2010 (Doc. 73). Lymon alleges that he hada pre-existing injury to his left shoulder rotator cuff and did not receive a medical clearance before being assigned to work in the prison kitchen. See Second Am. Complaint ¶ 2, at 1. He alleges that on September 23, 2004, a pass was placed in his medical records, stating that he was prohibited from lifting objects with his left arm. See Second Am. Complaint ¶ 13, at 3. He also alleges that Nurse Jessica Garcia issued a prison health services pass prohibiting him from lifting objects. See Second Am. Complaint ¶ 14, at 3. Lymon alleges that Defendant John Salazar, a prison classification officer, classified Lymon to work in the prison kitchen. See Second Am. Complaint ¶ 10, at 3.

Lymon's claims, according to his Second Amended Complaint, arise out of events that occurred on July 3, 2005. He alleges that on July 3, 2005, at 1:00 p.m., Defendant Bertha Benavidez, an employee of Defendant Aramark Corporation, assigned Lymon back-porter work, which involved frequent heavy lifting. See Second Am. Complaint ¶ 16, at 4. Lymon alleges that, while lifting heavy trays in the dish room, his shoulder gave out, causing him to slip and fall, and causing him severe pain for which he sought medical care. See Second Am. Complaint ¶ 17, at 4. He alleges damages arising out of the injuries he sustained. See Second Am. Complaint at 20.

PROCEDURAL BACKGROUND

Lymon filed his case pro se in state court on August 26, 2005, alleging damages arising out of the injuries he sustained from the back-porter work that he was required to do in the prison kitchen while an inmate at the Central New Mexico Correctional Facility. See Complaint (Doc. 1-4). Lymon's original Complaint in state court asserted claims against Defendants John Sanchez, Aramark Corporation, Joseph Neubauer, Charlie Carrizales, and Bertha Benavidez. See Notice of Removal ¶¶ 1-2, at 2, filed March 14, 2008 (Doc. 1). ¹ Neither Wexford nor any of its employees were named as defendants in Lymon's original complaint. Counsel for Lymon, Mr. Solomon Brown, first appeared for Lymon in the case in state court on September 5, 2007. The state court dismissed the original complaint on February 12, 2008 and granted Lymon leave to amend within thirty days. See Notice of Removal ¶ 4, at 2. On March 13, 2008, Sanchez, Aramark, Neubauer, and Carrizales were served with an amended complaint, and they removed the case on April 14, 2008. See Notice of Removal ¶¶ 5-6, at 2. Because, upon removal, the state-court record was unclear as to the extent of the state court's ruling granting Lymon leave to amend, on February 4, 2009, 2009 WL 1299842, the Court granted Lymon leave to amend his Complaint. See Memorandum Opinion and Order at 11, filed February 4, 2009 (Doc. 22). On February 13, 2009, Lymon filed his First Amended Complaint. See Plaintiff Davon Lymon's First Amended Complaint for Negligence, Bodily Injury and Claims Under 42 U.S.C. Sections 1983 and 1981, filed February 13, 2008 (Doc. 23). The FirstAmended Complaint added Defendants Abner Hernandez, Joe Williams, and the New Mexico Department of Corrections.

On April 23, 2009, Lymon filed an opposed motion to file a second amended complaint to add twenty-one inmates to the complaint, either through the device of a class action pursuant to rule 23 of the Federal Rules of Civil Procedure or through rule 20 joinder. See Plaintiff Davon Lymon's Opposed Motion to File a Second Amended Complaint ¶ 5, at 2, filed April 23, 2009 (Doc. 35). Lymon also sought to add Wexford, Valencia County, and the Village of Los Lunas as defendants. See id. ¶ 3, at 2. The Court held a hearing on July 13, 2009. At that hearing, the Court instructed Lymon that he needed to decide whether to proceed under rule 23 or rule 20, and denied his motion without prejudice.² Lymon filed a motion for reconsideration, renewing his request for leave to amend to add Wexford, but not seeking reconsideration to permit leave to add Valencia County or the Village of Los Lunas. See Plaintiff Davon Lymon's Motion for Reconsideration of the Court's Denial of His Opposed Motion to File a Second Amended Complaint Adding Wexford Corporation as a Defendant at 1-2, filed July 24, 2009 (Doc. 47).³ The motion to amend to add Wexford as a Defendant was unopposed, and the Court granted Lymon leave to add Wexford as a defendant. See Order, filed December 12, 2009, 2009 WL 5220285 (Doc. 67). Lymon also filed another motion for reconsideration, requesting only class certification under rule 23 and abandoned his earlier request to join additional plaintiffs under rule 20. See Plaintiff Davon Lymon's Reconsideration Motion to File a Second Amended Complaint for Class Certification, filed July 25, 2009 (Doc. 49). The Court denied the motion to amend to add a class action, finding such an amendment would be futile and would prejudice the Defendants. See Memorandum Opinion and Order, filed December 12, 2009 (Doc. 68).

Lymon filed his Second Amended Complaint on December 14, 2009. See Doc. 69. The Second Amended Complaint contains fifteen counts. Lymon asserts Counts I through VIII, XIII, and XIV against either one or more of the State Defendants ⁴ or all Defendants, except Wexford. Lymon asserts Counts IX, X, XI, and XII against Aramark, Neubauer, Carrizales, and Benavidez ("the Aramark Defendants"), which allege § 1983 claims for violations of the Fourteenth Amendment (Counts IX, X, and XI), and a claim for intentional infliction of emotional distress (Count XII). See Second Am. Complaint ¶¶ 60-75, at 14-18. Lymon asserts claims for medical malpractice and deliberate indifference to Lymon's medical condition in Count XV against Wexford. See Second Am. Complaint ¶¶ 84-88, at 20. The Court dismissed the claims asserted against the State Defendants in Counts I, II, III, IV, V, VI, VII, VIII, XIII, and XIV for failure to state claims pursuant to rule 12(b)(6) and dismissed the State Defendants from the case. See Memorandum Opinion and Order, filed July 7, 2010 (Doc. 92).

Wexford moves the Court, pursuant to rule 12(b)(6), to dismiss Count XV asserted against it with prejudice and dismiss Wexford from the case. Wexford filed a memorandum in support of its motion. See Memorandum in Support of Defendant Wexford Health Sources, Inc.'s Motion for Dismissal, filed January 7, 2010 (Doc. 74-1). Wexford argues that Lymon's claims arise out of events that occurred on July 3, 2005, more than four years and five months before the filing of the operative Second Amended Complaint. See Motion at 1. Wexford argues that Lymon's claims in Count XV-which Wexford states it has liberally construed as claims for medical malpractice and deliberate indifference to a serious medical need-do not meet the requirements of the relation-back rule in rule 15(c), and thus Lymon's claims against Wexford are untimely under the applicable three-year statute of limitations for the federal claims and the applicable two-year statute of limitations for the state claims set forth in NMSA 1978, § 41-4-15A, under the New Mexico Tort Claims Act, NMSA 1978, §§ 41-4-1 through 41-4-27 ("NMTCA"). See Motion at 2. In response, Lymon argues that he has asserted a contract claim against Wexford and thus the applicable statute of limitations is six years. See Plaintiff's Response Memorandum to Wexford Defendant's Motion for Dismissal at 3, filed January 29, 2010 (Doc. 75). Lymon also asserts that equitable tolling should apply to untimely claims because parties in privity with Wexford were aware of Lymon's motions to amend. See Response at 5-6. Lymon also argues that the statute of limitations has not yet begun to run...