Stockberger v. U.S.
| Decision Date | 11 September 2002 |
| Docket Number | No. TH 00-247-C-M/H.,TH 00-247-C-M/H. |
| Citation | 225 F.Supp.2d 949 |
| Parties | Lynne STOCKBERGER, Personal Representative of Maurice Stockberger, Deceased, and Lynne Stockberger, Individually, Plaintiff, v. UNITED STATES, Defendant. |
| Court | U.S. District Court — Southern District of Indiana |
Stephen L. Williams, Mann Law Firm, Terre Haute, IN, for Plaintiff.
Jeffrey L. Hunter, United States Attorney's Office, Indianapolis, IN, for Defendant.
ORDER ON DEFENDANT'S MOTION TO DISMISS, OR IN THE ALTERNATIVE, MOTION FOR SUMMARY JUDGMENT
This matter is before the Court on defendant's, United States, Motion to Dismiss, or in the alternative, Motion for Summary Judgment on plaintiff's, Lynne Stockberger ("Stockberger"), claims under the Federal Tort Claims Act ("FTCA"), 28 U.S.C. §§ 1346(b), 2671, et seq. The parties have fully briefed their arguments, and the motion is now ripe for ruling.
The facts in the light most favorable to Stockberger follow. Maurice Stockberger ("Mr.Stockberger") was a federal employee on March 24, 1999, working at the United States Penitentiary Bureau of Prisons ("BOP") at Terre Haute, Indiana. Def's Stmt. of Facts ¶ 1, 3. Mr. Stockberger was an insulin dependent diabetic. Pl.'s Stmt. of Facts ¶ 25. On March 24, 1999, Mr. Stockberger arrived for his scheduled shift at the BOP, but left early because he was not feeling well. Id. ¶ 71. After leaving the prison, Mr. Stockberger drove erratically, running off, and back onto, State Road 63, and then ran off the road and into a tree. Id. ¶ 86. Mr. Stockberger died as a result of the crash.
Prior to leaving work on March 24, 1999, Mr. Stockberger had a number of interactions with co-workers. Alexander Jastillano ("Jastillano"), a physician's assistant at the BOP, observed Mr. Stockberger eating his lunch that day. Jastillano Dep. at 27, 37. Jastillano and Mr. Stockberger then had a conversation, during which Mr. Stockberger said, Id. at 27. While Mr. Stockberger was eating his lunch, Jastillano offered Mr. Stockberger Ensure, which he accepted and drank. Id. at 29, 37. About twenty to thirty minutes after eating his lunch and drinking the Ensure, Mr. Stockberger told Jastillano that he felt, "a lot better." Id. at 29. Jastillano knew that Mr. Stockberger was going to drive himself home, and did not attempt to take his keys, or offer him a ride home. Id. at 32-33. Jastillano did not think that the situation constituted a medical emergency because Mr. Stockberger had "bounced back a little bit" after eating lunch and drinking the Ensure. Id. at 39.
That same day, Mr. Stockberger asked Christopher McCoy ("McCoy") to relieve him because he was ill. Pl.'s Stmt. of Facts ¶ 73. Because Mr. Stockberger was repeating himself, McCoy thought he might be having a problem with his blood sugar. Id. ¶ 74. McCoy suggested to Mr. Stockberger that maybe his sugar was low, and he should eat. Id. ¶ 75. According to McCoy, Mr. Stockberger seemed anxious to leave. Id. ¶ 76. However, McCoy did not think there was anything "seriously wrong" with Mr. Stockberger's condition when he left, and McCoy was not concerned about him driving home. McCoy Dep. at 40, 18.
Angela Mosley ("Mosley"), another co-worker, saw McCoy and Jastillano trying to get Mr. Stockberger to eat on the morning of March 24, 1999. Pl.'s Stmt. of Facts ¶ 78. Mosley thought that McCoy and Jastillano were concerned and wanted Mr. Stockberger to eat and wait a while. Id. ¶ 80. According to Mosley, on the morning of Mr. Stockberger's death, he was aggravated and angry, and adamant about going home. Id. ¶ 81. Mosley asked Mr. Stockberger to stay a while, and he told her to "shut up." Id. ¶ 82.
Officer Gehrke ("Gehrke") saw Mr. Stockberger when he was checking out. Gehrke Dep. at 10. Gehrke observed Mr. Stockberger place his keys on a small hook with a latch without problems. Id. at 16-18. Gehrke had a brief conversation with Mr. Stockberger just before Mr. Stockberger left the BOP, during which Gehrke asked Mr. Stockberger if he was "okay." Id. at 11. Mr. Stockberger responded, "Yes," but then said, Id. According to Gehrke, Mr. Stockberger should have turned in his radio when he left on March 24, 1999, but he did not. Id. at 11-12.
Mr. Stockberger also told co-workers Michael Campbell, Andrew Janosek, John Smith, and Maryellen Christeson that he wasn't feeling well and might go home. Pl.'s Stmt. of Facts ¶¶ 56, 59, 61, 62.
Many of the people who worked with Mr. Stockberger at BOP had medically related jobs, or had medical backgrounds. Pl.'s Stmt. of Facts ¶ 29. Thus, they were often able to recognize Mr. Stockberger's hypoglycemic symptoms. Id. ¶ 33. Jastillano, for example, was aware that Mr. Stockberger was insulin dependent, and had observed Mr. Stockberger several times when he was hypoglycemic. Jastillano Dep. at 20-21. Mr. Stockberger became pale, immobile, and nonresponsive when hypoglycemic. Id. at 21. John Smith, another co-worker, commented that Mr. Stockberger's personality would change when his blood sugar was low, and he would become quieter. Smith Dep. at 24. Dianna Kutch, who worked at the BOP as a Health Information Technician at the relevant time, remembered an incident where Mr. Stockberger was not feeling well, and at first refused to eat anything, then "got kind of violent," but subsequently backed off, ate something, and felt better. Kutch Dep. at 22-23.
The BOP had a written policy concerning assistance to be provided to BOP employees in connection with disbursement of prescription drugs. Def.'s Stmt. of Facts ¶ 6. Included in the policy is a provision stating, "[a]ll employees shall be afforded first-aid treatment for job-related injuries." Id. ¶ 7. There were no other written policies relating to providing medical care for BOP employees, or for providing transportation for employees who experience medical emergencies, illness, or injury. Id. ¶ 9. Employees who wished to leave due to illness were to contact their immediate supervisor. Balinao Dep. at 10.
On occasion in the past, sick or injured BOP employees were given rides home or to medical treatment facilities away from the prison by prison employees. Pl.'s Stmt. of Facts ¶ 48. Andrew Rupska ("Rupska") was an employee at the BOP who knew Mr. Stockberger and recalled instances when Mr. Stockberger wanted to go home because of his hypoglycemic condition, but Rupska did not remember ever personally driving Mr. Stockberger home. Rupska Dep. at 17. On past occasions, Rupska recalled calling Mr. Stockberger's wife to let her know he was coming home, and then Mr. Stockberger would usually call to let Rupska know he arrived safely. Id. However, there was no written policy providing for transportation of employees who were experiencing medical emergencies, illness, or injuries. Def.'s Stmt. of Facts ¶ 9.
Richard G. Balinao ("Balinao"), the Assistant Health Services Administrator at the BOP, was Mr. Stockberger's supervisor on March 24, 1999. Def.'s Stmt. of Facts ¶¶ 2-3. Balinao had administrative supervisory authority over physician assistants and nurses employed in the health services unit at the BOP. Id. ¶ 4. Prior to Mr. Stockberger leaving on March 24, 1999, Balinao was not contacted by anyone regarding a need for Mr. Stockberger to take sick leave, and had no knowledge regarding Mr. Stockberger's condition that day. Balinao Dec. at 13-14. Under the Master Agreement between the BOP and the Council of Prison Locals, an employee absent from a shift must notify his supervisor except in an emergency situation. Id. at 11. The medical staff under Balinao were not authorized to compel or require any staff member to accept any medical care or advice. Id. at 15. No staff member under Balinao's authority was authorized to physically restrain a staff member who wished to leave the institution on sick leave. Id. at 16.
When ruling on a motion to dismiss for failure to state a claim pursuant to Rule 12(b)(6), the Court accepts as true all well-pleaded factual allegations in the complaint and the inferences reasonably drawn from them. See Baxter by Baxter v. Vigo County Sch. Corp., 26 F.3d 728, 730 (7th Cir.1994). Dismissal is appropriate only if it appears beyond doubt that Stockberger can prove no set of facts consistent with the allegations in the complaint that would entitle her to relief. See Hi-Lite Prods Co. v. Am. Home Prods. Corp., 11 F.3d 1402, 1405 (7th Cir.1993). This standard means that if any set of facts, even hypothesized facts, could be proven consistent with the complaint, then the complaint must not be dismissed. See Sanjuan v. Am. Bd. of Psychiatry and Neurology, Inc., 40 F.3d 247, 251 (7th Cir.1994), cert. denied, 516 U.S. 1159, 116 S.Ct. 1044, 134 L.Ed.2d 191 (1996). Stockberger may receive the benefit of hypotheses consistent with the complaint. See id. (citing Conley v. Gibson, 355 U.S. 41, 45-46, 78 S.Ct. 99, 2 L.Ed.2d 80 (1957)).
Further, Stockberger is "not required to plead the particulars of [her] claim[s]," Hammes v. AAMCO Transmissions, Inc., 33 F.3d 774 (7th Cir.1994), except in cases alleging fraud or mistake where Stockberger must plead the circumstances constituting such fraud or mistake with particularity. See Fed.R.Civ.P. 9(b); Hammes, 33 F.3d at 778. "Particularity" requires plaintiffs to plead the who, what, when, where, and how of the alleged fraud. See Ackerman v. Northwestern Mut. Life Ins. Co., 172 F.3d 467, 469 (7th Cir.1999); DiLeo v. Ernst & Young, 901 F.2d 624, 627 (7th Cir.1990).
Finally, the Court need not ignore facts set out in the complaint that undermine Stockberger's claims, see Homeyer v....
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