Wareham v. Jeffes
| Decision Date | 19 September 1989 |
| Citation | 129 Pa.Cmwlth. 124,564 A.2d 1314 |
| Parties | Joseph WAREHAM, Appellant, v. Glenn JEFFES and David Larkin and Gil Walters and Stanley Gabriel and John Stepanik and George Petsock and James Wigton and Joseph Morrash and Robert Maroney and Ronald Marks and William Kelsey and Commonwealth of Pennsylvania, Bureau of Corrections, Appellees. Joseph WAREHAM v. Glenn JEFFES and David Larkin and Gil Walters and Stanley Gabriel and John Stepanik and George Petsock and James Wigton and Joseph Morrash and Robert Maroney and Ronald Marks and William Kelsey and Bureau of Corrections and Commonwealth of Pennsylvania, Appeal of COMMONWEALTH of Pennsylvania, BUREAU OF CORRECTIONS and Joseph Morrash. 22 T.D. 1988 24 T.D. 1988 |
| Court | Pennsylvania Commonwealth Court |
Harry M. Roth, Raynes, McCarty, Binder, Ross & Mundy, and Kevin P. McCarty, Philadelphia, for appellant.
Alexis Barbieri, Deputy Atty. Gen., Norristown, Alton G. Grube, Office of Atty. Gen., Deputy Atty. Gen. and LeRoy S. Zimmerman, Atty. Gen., Philadelphia, for appellees.
Before CRUMLISH, Jr., President Judge, * and COLINS and SMITH, JJ.
Joseph Wareham (Wareham) appeals from orders of the Philadelphia County Court of Common Pleas dated September 9, 1987. These orders denied Wareham's post-trial motions for judgment non obstante verdicto, new trial and delay damages and granted cross-appellants', Joseph Morrash (Morrash) and the Commonwealth of Pennsylvania (Commonwealth), Bureau of Corrections' 1 (Bureau), motion for judgment non obstante verdicto. 2
Wareham was incarcerated at the State Correctional Institute at Dallas, Pennsylvania (SCID) on August 25, 1980, when he was seriously injured during an attack by other inmates. 3 He was taken to Nesbitt Memorial Hospital, Kingston, Pennsylvania, for surgical treatment and following his discharge on September 11, 1980, was transferred to the infirmary of the State Correctional Institute at Pittsburgh, Pennsylvania (SCIP). Wareham received some medical treatment and physical therapy while at the SCIP infirmary prior to his release into the general prison population on October 24, 1980. The parties dispute what, if any, therapeutic treatment he received after his release. The parties further dispute whether treatment, therapeutic or otherwise, was negligent and/or in violation of his constitutional rights.
Wareham instituted suit on August 14, 1984, against Morrash, as chief health care administrator of the infirmary at SCIP, other prison officials and the Commonwealth. 4 Wareham initially grounded his claims on common law negligence theories alleging violations of his federal civil rights under the Fifth, Eighth and Fourteenth Amendments to the United States Constitution, 5 and 42 U.S.C. § 1983. After Wareham withdrew certain claims and the trial court granted in part cross-appellants' motions for summary judgment, the only issues that remained for trial were: (1) Section 1983 liability against certain individual defendants for alleged inadequate protection; (2) Section 1983 and negligence claims against Morrash for alleged inadequate medical treatment; and (3) vicarious liability against the Bureau and the Commonwealth under the doctrine of respondeat superior for Morrash's alleged negligence. 6 The jury found, via special interrogatories, that Wareham's constitutional rights had not been violated under any of the theories and awarded damages of $260,000 to Wareham against Morrash on the inadequate medical treatment claim. The jury found that Morrash had been negligent and that such negligence caused Wareham to endure unnecessary additional pain and suffering.
Wareham filed post-trial motions seeking a new trial against certain individual defendants, the Commonwealth, and the Bureau on the inadequate protection claims brought under 42 U.S.C. § 1983; judgment n.o.v. or a new trial against Morrash on the claim for inadequate medical treatment under 42 U.S.C. § 1983 and, delay damages. Cross-appellants filed post-trial motions seeking alternatively, a new trial, judgment n.o.v., or to have the verdict molded to reflect the statutory liability limit of $250,000 pursuant to Section 8528(b) of the Judicial Code, 42 Pa.C.S. § 8528(b). By orders dated September 9, 1987, the trial court denied Wareham's post-trial motions and granted cross-appellants' post-trial motion for judgment n.o.v. Hence, these appeals. 7
The issues Wareham raises in his appeal are whether the trial court erred in granting cross-appellants' motion for judgment n.o.v. in Wareham's claim for negligent medical treatment, holding that he failed to establish each and every element of his negligence claim; and, whether the trial court erred in denying Wareham's motion for judgment n.o.v. in his claim against Morrash for inadequate medical treatment brought pursuant to 42 U.S.C. § 1983. The sole issue cross-appellants raise is whether the trial court erred in refusing to grant summary judgment or direct a verdict in their favor with respect to the issue of sovereign immunity. 8
In considering a motion for judgment n.o.v., the court must view the evidence received and all reasonable inferences drawn therefrom in a light most favorable to the verdict winner. The court can enter judgment n.o.v. only if no two reasonable persons could fail to agree that the verdict is improper. Ruparcich v. Borgman, 119 Pa.Commonwealth Ct. 640, 547 A.2d 1279 (1988); Northwest Sav. Ass'n v. Distler, 354 Pa.Superior Ct. 187, 511 A.2d 824 (1986). 9
The trial court granted cross-appellants' motion for judgment n.o.v. based upon its finding that Wareham failed to sustain his burden of proving a prima facie case of negligence. 10 Specifically, the trial court held that Wareham failed to show that Morrash had a duty under the law to provide the recommended treatment and that he failed to show a sufficient causal connection between the conduct complained of and his injuries. Wareham's theory of negligence against Morrash is based on his negligent administration of medical treatment to Wareham in light of his serious medical needs. The trial court opined that the jury could not and should not have inferred negligence since the evidence was insufficient to conclude that Morrash had a legal duty to provide the treatment Wareham alleged was necessary, that the care requested was necessary, and that the care requested would have alleviated Wareham's pain and suffering.
After an exhaustive review of the evidence, we must disagree with the trial court's conclusion. Morrash testified that as chief health care administrator at SCIP, it was his responsibility to see that health care services were provided to inmates pursuant to physicians' orders whether those services were provided inside or outside of the institution. 11 (Notes of Testimony (N.T.) March 4, 1987 at 36-44; N.T. March 6, 1987 at 15.) When asked whether anyone ever ordered that Wareham be given physical therapy when he came to SCIP in September of 1980, Morrash responded, (N.T. March 4, 1987 at 40.) He admitted, however, that based upon his thirty-seven years of experience, the types of injuries Wareham sustained would require physical therapy. (N.T. March 4, 1987 at 41.)
Wareham submitted a report prepared by Mr. Carriglitto, chief health care administrator at SCID, which was prepared in conjunction with Wareham's transfer from Nesbitt Hospital to SCIP's infirmary. The report, dated September 9, 1980, indicated that long-term rehabilatory care including intensive physiotherapy was indicated. This recommendation was made pursuant to the direction of P. Holleran, M.D., prison physician at SCID. Wareham also presented a report prepared by Yoon Jin Chung, M.D., a psychiatrist to whom SCIP prison officials sent him for evaluation. This report was in the form of a letter dated October 17, 1980 directed to Dr. Gilberti at SCIP. This report contained diagnoses of conditions which Dr. Chung found to be present in Wareham as a result of the stabbing, as well as a recommendation for daily physical therapy for ambulation training. Dr. Chung's prognosis was that Wareham would be able to ambulate with a cane after intensive physical therapy for four weeks on either an in-patient or daily out-patient basis. Finally, Wareham submitted a commutation physical examination report, dated December 5, 1980, prepared by A.J. Snitzer, M.D. at SCIP in which Dr. Snitzer recommended that Wareham receive some rehabilitation. Wareham's expert witness, Bruce Wilder, M.D., a neurosurgeon, testified that based upon his own examination of Wareham in addition to records received from Nesbitt Hospital, he would have prescribed gait training to help with walking, climbing stairs, turning, and descending stairs. He also testified he would have prescribed passive exercises to prevent contractures of the joints because in individuals suffering from partial paralysis, the muscles are unable to move the joint through its full range due to their weakness. 12
Morrash testified that according to Mr. Campeau, a Licensed Physical Therapist at SCIP, Wareham was seen a total of nine times by Mr. Campeau. However, Wareham testified that he had received no actual physical therapy whatsoever since his release from the SCIP infirmary on October 24, 1980. Wareham also challenged the accuracy of the number of visits Mr. Campeau had recorded. Morrash testified the usual and customary practice for someone treating a patient would be to make a notation in the file each and every time the patient is seen. (N.T. March 6, 1987 at 41.) There were a total of three notations contained in Wareham's medical file written by Mr. Campeau. 13 Wareham testified that one of the visits consisted of an informal observation in the prison exercise yard....
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