Owen v. Wilden Hospital

• Decision Date: 12 January 1954
• Docket Number: No. 48409,48409
• Citation: 62 N.W.2d 186,245 Iowa 382
• Parties: OWEN v. WILDEN HOSPITAL, Inc. et al.
• Court: Iowa Supreme Court

Page 186

62 N.W.2d 186

245 Iowa 382

OWEN v. WILDEN HOSPITAL, Inc. et al.

No. 48409.

Supreme Court of Iowa.

Jan. 12, 1954.

John Paul Jones and William H. Fulton, Des Moines, for appellant.

Hansen & Wheatcraft, Des Moines, for appellees.

LARSON, Justice.

The plaintiff and the defendants Verne J. Wilson, A. W. Dennis, P. L. Park, T. Bruce Farmer, and Karl B. Greenlee, were associated together as partners in a professional partnership known as 'The Wilden Clinic.' On or about the 2d day of March, 1949, plaintiff was disabled as a result of a congenital aneurism, took a leave of absence, and did not return to assume any of his duties until December 15, 1949. Although he tried hard, he had difficulty even with curtailed duties, his partners became apprehensive, and a staff meeting was held in July, 1950, with the plaintiff and his wife present, to discuss the problem 'of the amount of work that Dr. Owen was able to do.' Most of the controversy arose from statements and circumstances surrounding these discussions and negotiations. On September 1, 1950, plaintiff left his work at the clinic and did not return.

After reviewing the pleadings and the evidence of the circumstances surrounding plaintiff's departure, the trial court found that plaintiff had failed to prove that he had been wrongfully expelled from the partnership, and that other issues raised by his petition, which were held in abeyance by stipulation of the parties pending a court decision on this issue, need not now be decided. We agree.

I. This case is triable de novo, and so it now becomes our duty also to find the facts. Plaintiff's testimony was aided by the testimony of his wife, his doctor, and a lawyer. Defendant doctors and a hospital employee, the former secretary to the plaintiff, testified for the defendants. From a careful study of the record and with due regard for the inferences urged by plaintiff's counsel, we too are not convinced that the plaintiff has produced relevand and material facts of sufficient weight and certainty to establish the allegation of his petition.

Plaintiff's allegation of wrongful expulsion in his petition is his burden to prove. His own evidence in support of that claim is neither definite nor convincing. This his counsel admits, but argues that from all the evidence of both plaintiff and defendants, the implication is clear that plaintiff was forced out and had no choice but to withdraw. He draws this inference from what he calls a difference in the testimony of the defendant doctors. We fail to detect such a marked variation. Each partner had his assigned task to perform and each worked long hours under more or less pressure, and their tasks were interrelated, strenuous and demanding. When one partner was absent for a period, the burden increased upon the others. It then became necessary to send some work out, hire extra help, or become delinquent in some hospital activity. Upon his return plaintiff was to limit his activities at first to pathology, due to his physical condition and the fact that several hundred pathological records were not up-to-date. As plaintiff's condition improved he was expected gradually to assume more of his former duties, and in the spring of 1950 a renewal of the partnership agreement was executed by the partners. We find no waiver in this action. It was premised upon hope and expectation, not an assent to status quo. However, the courageous efforts of plaintiff to assume his portion of the tasks apparently were too much for his weakened physical condition. Thereafter he contracted another minor illness in June, was absent from his work about 30 days, and his physical condition seemed to be deteriorating. There is some evidence that some partners, as early as March or April, complained that plaintiff was not keeping up with his reduced assignments and wanted to help him get caught up, for it was not helpful to them or the clinic that the reports in the pathology department were behind. It appears that at no time were both past and current reports caught up. It was during this period that the evidence is somewhat conflicting as to whether plaintiff was spending more or less time at his work. It is undisputed that most of the partners spent 10 or 12 hours a day at the clinic. Most of the testimony was to the effect that plaintiff spent from 10 or 10:30 a. m. until 2:30 or 3:30 p. m. at his work, but even that seemed to tire him a great deal. Plaintiff's ailment was of such a nature that there was a very good chance of recovery, although his doctor, Dr. Walter D. Abbott, neuro-surgeon, stated that the average period for full recovery was five years.

There was evidence that at the July meeting two matters of concern were presented--concern over plaintiff's health should he continue to try to perform the duties assigned to him, as well as to assume his other former duties which seemed necessary to continue the successful operation of the clinic, and concern over the results of his failure to perform even those tasks assigned to him and which were so vital to the successful and proper operation of the clinic.

It is true there was evidence that it was suggested at that meeting that, for his best interest and that of the partnership, he withdraw from the partnership and take up less arduous work. It is never pleasant for any one to be confronted with the realization that he is not able to carry on his work. Plaintiff and his wife claimed that this suggestion came as a great shock to them. It was not a pleasant situation for plaintiff to face, but the fact that it was unpleasant did not prevent his resultant decision from being voluntary. All defendants testified that the decision was that of the plaintiff; that he asked for and took time to think it over. At least one witness stated that an alternative was discussed, i. e. that he hire a helper. Plaintiff, it seems, had promised in April to catch up on his work and said at that time that he believed he could do so by spending more time at it. His partners were solicitous and hopeful that he could do so, and even the plaintiff testified that 'to the best of my knowledge my partners had been quite considerate of my misfortune prior to the meeting.' There was corroborated evidence that in his attempt to keep his promise he tired easily, that his speech was affected, that his walk became unsteady in the afternoons, and that his physical condition was not improving. It is not seriously disputed that at no time since March, 1949, had plaintiff performed more than a small part of the duties he had performed prior to that date. He continued as the head of the pathology department, but gave less anaesthetics since his return than he had given in one day before his illness. A Doctor Barnett had been hired by the partnership to do that work after the plaintiff was disabled. He did no more manipulation, made no house calls, and left his coroner duties to his deputies, from which the partnership received no income.

There was absolutely no evidence of ill will. Plaintiff himself stated 'personally, I have never experienced any animosity toward those partners * * *. I would say the break in relations with the other partners was not the result of any personal differences between me and them.' There was not even a suggestion of any consideration other than plaintiff's condition and his...