Velazquez v. Upmc Bedford Memorial Hosp., CIV.A.3:03-235J.

• Decision Date: 26 July 2004
• Docket Number: No. CIV.A.3:03-235J.,CIV.A.3:03-235J.
• Citation: 328 F.Supp.2d 549
• Parties: Jesus VELAZQUEZ Plaintiff, v. UPMC BEDFORD MEMORIAL HOSPITAL, a subsidiary hospital of the University of Pittsburgh Medical Center, successor-in-interest to Memorial Hospital of Bedford County, and Marc J. Finder, M.D. Defendants.
• Court: U.S. District Court — Western District of Pennsylvania

328 F.Supp.2d 549

Jesus VELAZQUEZ Plaintiff, v. UPMC BEDFORD MEMORIAL HOSPITAL, a subsidiary hospital of the University of Pittsburgh Medical Center, successor-in-interest to Memorial Hospital of Bedford County, and Marc J. Finder, M.D. Defendants.

No. CIV.A.3:03-235J.

United States District Court, W.D. Pennsylvania.

July 26, 2004.

Lawrence D. Kerr, Berk, Whitehead, Cassol, Feliciani & Kerr, Greensburg, PA, for Plaintiff.

Daniel P. Stefko, Wilbur McCoy Otto, Jennifer M. Kirschler, Rebecca J. Maziarz, Dickie, McCamey & Chilcote, Pittsburgh, PA, for Defendant UPMC Bedford Memorial Hospital.

Walter F. Wall, Meyer, Darragh, Buckler, Bebenek & Eck, Altoona, PA, Diane Barr Quinlin, Olszewski & Quinlin, Pittsburgh, PA, for Defendant Marc J. Finder, M.D.

MEMORANDUM OPINION AND ORDER

GIBSON, District Judge.

This case comes before the Court on Defendant's, Marc J. Finder, M..D., Praecipe for Entry of Non Pros (Document No. 7). In consideration of the Defendant's Praecipe for Entry of Non Pros, the Plaintiff's Motion to Strike Praecipe for Entry of Judgment of Non Pros (Document No. 8), and Defendant's Brief in Opposition to Motion to Strike Praecipe for Entry of Judgment of Non Pros (Document No. 11), the Court shall deny the Defendant's Praecipe for Entry of Non Pros.

JURISDICTION

Jurisdiction is proper in the United States District Court for the Western District of Pennsylvania pursuant to 28 U.S.C. § 1332, in that all parties to the above-captioned civil action are citizens of different states, and the subject matter in controversy exceeds the sum or value of $75,000.00, exclusive of interest and costs. Specifically, Jesus Velazquez (hereinafter "Plaintiff") is a citizen residing in the state of Ohio, and he seeks damages in excess of $75,000.00, plus interest and costs. UPMC Bedford Memorial Hospital is a subsidiary hospital of the University of Pittsburgh Medical Center, a successor-in-interest to the Memorial Hospital of Bedford County (hereinafter "UPMC Bedford"), which has an office and principal place of business in Everett, Pennsylvania. Marc J. Finder, M.D. (hereinafter "Defendant") is a licensed medical doctor practicing emergency medicine with privileges at UPMC Bedford. Thus, each Defendant is a citizen of a different state than the Plaintiff.

This Court is also an appropriate and convenient venue for this civil action pursuant to 28 U.S.C. § 1391.¹

BACKGROUND

On or about June 30, 1997², the Plaintiff, who was then a thirteen year old minor, alleges that he and his mother were returning from a vacation and driving through the Commonwealth of Pennsylvania. (Document No. 1). While spending an evening in a motel near Bedford, Pennsylvania, the Plaintiff was awakened with lower abdominal pain in the late evening hours of June 30, 1997. Id. Thereafter, the Plaintiff's mother drove the Plaintiff to UPMC Bedford where the Plaintiff was admitted "on an emergent basis." Id.

On or about June 30, 1997, the Plaintiff was examined by UPMC Bedford nurses and the Defendant, "who was the emergency physician on duty". (Document No. 1). The Plaintiff contends that the Defendant failed to properly "diagnose the [P]laintiff with testicular torsion", and as a consequence, the Defendant "breached the applicable medical standards of care." Id. Furthermore, the Plaintiff claims that as a result of the "negligence" of the Defendant and UPMC Bedford Memorial Hospital, the Plaintiff "subsequently lost his left testicle", thereby suffering injuries and damages. Id.

On October 10, 2003, the Plaintiff filed a complaint against the Defendant and UPMC Bedford Memorial Hospital in the United States District Court for the Western District of Pennsylvania.³ Approximately 64 days later, on December 24, 2003, the Defendant filed a Praecipe for Entry of Non Pros (Document No. 7). Specifically, the Defendant asserts that the Plaintiff failed to follow Pa.R.Civ. P. 1042.3 which requires that the Plaintiff file a certificate of merit letter verifying that the Plaintiff has a meritorious professional negligence claim.⁴

Thereafter, the Plaintiff filed a Motion to Strike Praecipe for Entry of Judgment of Non Pros (Document No. 8), and the Defendant responded with a Brief in Opposition to Motion to Strike Praecipe for Entry of Judgment of Non Pros (Document No. 11).

The issue before the Court is whether the Defendant's Praecipe for Entry of Non Pros pursuant to Pa.R.Civ.P. 1042.3 and Pa.R.Civ.P. 1042.6 applies to the facts of the case sub judice.

CHOICE OF LAW

Pursuant to the holding in Erie R.R. v. Tompkins, 304 U.S. 64, 78, 58 S.Ct. 817, 82 L.Ed. 1188 (1938), a federal court sitting in diversity must apply state substantive law and federal procedural law. Chamberlain v. Giampapa, 210 F.3d 154, 158 (3d Cir.2000). Importantly, this substantive/procedural dichotomy must be applied to ensure that the "outcome of the litigation in the federal court [will] be substantially the same, so far as legal rules determine the outcome of a litigation, as it would be if tried in a State court." Guaranty Trust Co. v. York, 326 U.S. 99, 109, 65 S.Ct. 1464, 89 L.Ed. 2079 (1945) (quoted in Chamberlain, 210 F.3d at 159).

The Third Circuit in Chamberlain clearly explicated the objectives served by this substantive/procedural dichotomy as follows:

This focus on whether application of a state rule will or may affect the outcome is intended to serve `twin aims': `discouragement of forum shopping and avoidance of inequitable administration of the laws.' Hanna v. Plumer, 380 U.S. 460, 468, 85 S.Ct. 1136, 14 L.Ed.2d 8 (1965). Accordingly, the outcome determinative test should not produce a decision favoring application of the state rule unless one of these aims will be furthered:

Erie and its progeny make clear that when a federal court sitting in a diversity case is faced with a question of whether or not to apply state law, the importance of a state rule is indeed relevant, but only in the context of asking whether application of the rule would make so important a difference to the character or result of the litigation that failure to enforce it would unfairly discriminate against citizens of the forum State, or whether application of the rule would have so important an effect upon the fortunes of one or both of the litigants that failure to enforce it would be likely to cause a plaintiff to choose the federal court.

Hanna, 380 U.S. at 468 n. 9, 85 S.Ct. 1136.

The Supreme Court has added two caveats to these Erie principles. First, even though application of the state rule may hold some potential for affecting the outcome, a strong countervailing federal interest will dictate recourse to the federal rule. Byrd v. Blue Ridge Rural Electric Coop., Inc., 356 U.S. 525, 78 S.Ct. 893, 2 L.Ed.2d 953 (1958). Second, the Erie rule may not be `invoked to void a Federal Rule of Civil Procedure'. Hanna, 380 U.S. at 470, 85 S.Ct. 1136. Where a Federal Rule of Civil Procedure provides a resolution of an issue, that rule must be applied by a federal court sitting in diversity to the exclusion of a conflicting state rule so long as the federal rule is authorized by the Rules Enabling Act and consistent with the Constitution. Id.

Under Hanna, a federal court sitting in diversity first must determine whether a Federal Rule directly `collides' with the state law it is being urged to apply. Hanna, 380 U.S. at 470-74, 85 S.Ct. 1136. If there is such a direct conflict, the Federal Rule must be applied if it is constitutional and within the scope of the Rules Enabling Act. See Gasperini v. Center for Humanities, Inc., 518 U.S. 415, 427 n. 7, 116 S.Ct. 2211, 135 L.Ed.2d 659 (1996). If a `direct collision' does not exist, then the court applies the Erie rule to determine if state law should be applied. Hanna, 380 U.S. at 470, 85 S.Ct. 1136. [emphasis in the original].

In deciding whether a Federal Rule `directly collides' with a state law, the federal court sitting in diversity must consider whether the scope of the Federal Rule is `sufficiently broad to control the issue before the Court,' Walker v. Armco Steel Corp., 446 U.S. 740, 749-50, 100 S.Ct. 1978, 64 L.Ed.2d 659 (1980), `thereby leaving no room for the operation of [the state] law,' Burlington Northern R.R. Co. v. Woods, 480 U.S. 1, 4-5, 107 S.Ct. 967, 94 L.Ed.2d 1 (1987). Although the Rules should be given their plain meaning and are not to be construed narrowly in order to avoid a direct collision, see Walker, 446 U.S. at 750 n. 9, 100 S.Ct. 1978, `a broad reading that would create significant disuniformity between state and federal courts should be avoided if the text permits.' Stewart Org., Inc. v. Ricoh, 487 U.S. 22, 37-38, 108 S.Ct. 2239, 101 L.Ed.2d 22 (1988). `Federal courts have interpreted the Federal Rules, however, with sensitivity to important state interests and regulatory policies.' Gasperini, 518 U.S. at 427 n. 7, 116 S.Ct. 2211.

Chamberlain, 210 F.3d at 159-160.

In the case sub judice, the Defendant argues that pursuant to the holding in Chamberlain, Pennsylvania Rule of Civil Procedure 1042.3 should be applied to this diversity action as it does not collide with the federal rules, the state law is outcome determinative under Erie, and Pa.R.C.P. 1042.3 is a substantive rule. (Document No. 11).

Conversely, the Plaintiff asserts that the state rule is not applicable to this federal civil action as it is a rule of procedure. (Document No. 9). More specifically, the Plaintiff argues that Federal Rules of Civil Procedure 8 and 11 govern the case sub judice. Id. In the alternative, the Plaintiff asserts that he should have an opportunity to comply with Pa.R.C.P. 1042.3 if the Court determines that it applies to this civil action. Id.

A. Chamberlain Decision

Initially, the Court addresses the Third Circuit's holding in Chamberlain as it applies to the case sub judice. In Chamberlain, the Third Circuit determined the following relevant issues: 1) whether the New Jersey affidavit of merit statut...