Younger v. Marshall Industries, Inc.

• Decision Date: 24 May 1993
• Docket Number: No. 92-C-3134,92-C-3134
• Citation: 618 So.2d 866
• Parties: John Paul YOUNGER and Susan Younger v. MARSHALL INDUSTRIES, INC., M/V MR. JEFFERY, Chevron U.S.A., Inc., Hamilton Medical Center Hospital, Bruce Industries.
• Court: Louisiana Supreme Court

Page 866

618 So.2d 866

John Paul YOUNGER and Susan Younger v. MARSHALL INDUSTRIES, INC., M/V MR. JEFFERY, Chevron U.S.A.,

Inc., Hamilton Medical Center Hospital, Bruce Industries.

No. 92-C-3134.

Supreme Court of Louisiana.

May 24, 1993.

Lawrence B. Jones, Pamela J. Brookey, Scheuermann & Jones, New Orleans, for applicant.

John W.L. Swanner, Seal, Smith, Zuber & Barnette, Baton Rouge, Craig W. Marks Jeansonne & Briney, Edward O. Taulbee IV, Martin, Taulbee, Rowe, Bares & Oliver, Susan A. Daigle, Broussard, David & Daigle, Lafayette, for respondent.

KIMBALL, Justice. ^*

ISSUE

The issue presented herein is whether an original tortfeasor is solidarily liable for subsequent injuries to plaintiff caused by the collapse of a shower seat during plaintiff's hospital stay for the original injury, such that a suit timely filed against the original tortfeasor interrupts prescription against the hospital.

FACTS

On April 25, 1989, John Paul Younger, while employed by Marshall Industries, was injured offshore on the M/V MR. JEFFERY. As a result of the injury he was taken to the Hamilton Medical Center Hospital in Lafayette, where he was hospitalized for several days. On April 27, 1989, Younger was taking a shower in the hospital room bathroom. While he was sitting on a fold-out shower seat connected to the wall, the seat collapsed under him, causing subsequent injury.

On October 16, 1989, Younger and his wife filed a Petition for Damages, naming Marshall Industries and the M/V MR. JEFFERY as defendants. On May 17, 1990, Marshall Industries (MI) filed a Third Party Demand against Hamilton Medical Center Hospital (HMCH), alleging it was entitled to indemnity or contribution in the event it was found liable to plaintiff. On May 25, 1990, over one year from the date of the accident with the shower chair, plaintiffs filed a Second Supplemental and Amending Petition, seeking to add HMCH as a defendant in the suit. HMCH filed an Exception of Prescription, asserting that because plaintiffs had not sought to add HMCH until May 25, 1990, over one year from the alleged shower accident which had occurred on April 27, 1989, plaintiffs' cause of action against HMCH had prescribed. In response, the plaintiffs argued that MI and HMCH are solidary obligors for the injuries occurring at the hospital, and suit timely filed against MI interrupts prescription running against HMCH. The trial judge sustained the exception of prescription, dismissing the action against HMCH. Plaintiffs appealed and the court of appeal affirmed. ¹ We granted plaintiffs' writ application to resolve the issue. ²

LAW

Prescription

Suit against one solidary obligor interrupts prescription as to other solidary obligors. Lee v. Missouri Pacific Railroad Co., 540 So.2d 287, 294 (La.1989); Burton v. Foret, 498 So.2d 706, 712 (La.1986); La.Civ.Code arts. 1799 and 3503. ³ Therefore, if MI is liable for the injuries caused by the collapsing shower chair, and if HMCH is also liable in negligence or strict liability for those same injuries, MI and HMCH are solidarily liable for those damages, and a timely filed suit against MI interrupts prescription as to HMCH. ⁴ Vicknair v. Hibernia Building Corp., 479 So.2d 904, 910 (La.1985).

The burden of proof is normally on the party pleading prescription; however, if on the face of the petition it appears that prescription has run, as in this case, the burden shifts to the plaintiff to prove a suspension or interruption of the prescriptive period. Williams, supra n. 4, 611 So.2d at 1386. Furthermore, if the plaintiff's basis for claiming interruption of prescription is solidary liability between two or more parties, then the plaintiff bears the burden of proving that solidary relationship. Arabie v. Northwest Mining Corp., 567 So.2d 783, 785 (La.App. 3d Cir.), writ denied, 571 So.2d 656 (La.1990); Lowe v. Rivers, 448 So.2d 848, 851 (La.App.2d Cir.1984). However, even if the plaintiff sustains this burden of proving solidary liability at a pre-trial hearing on prescription, if, after trial on the merits, it turns out that under the facts proven by plaintiff there is no solidary liability because the timely filed defendant is not found liable to plaintiff at all, then the exception should be maintained at that time. Pearson v. Hartford Accident & Indemnity Co., 281 So.2d 724, 726 (La.1973); Provident Life & Accident Insurance Co. v. Turner, 582 So.2d 250, 254 (La.App. 1st Cir.1991).

Weber and Medical Treatment

Plaintiffs argue that under Weber v. Charity Hospital of Louisiana, 475 So.2d 1047 (La.1985), MI is liable not only for the injuries its fault may have directly and immediately caused but also for any additional injuries to plaintiff resulting from the collapse of the shower chair. Therefore, plaintiffs assert, MI and HMCH are solidarily liable, and the timely filed suit against MI interrupts prescription as to HMCH. The hospital argues it is not solidarily liable with MI because any damages resulting from the collapse of the shower chair are not related to improper treatment as encompassed under Weber. In Weber, we held the duty of an original tortfeasor not to injure a victim may include the risk that subsequent injury would result from treatment by medical professionals of the original injury. The instant case turns on whether or not Younger's injuries caused by the collapse of the shower chair resulted from treatment of the original injury.

In Weber, the plaintiff contracted hepatitis from a blood transfusion during treatment at Charity Hospital for injuries received in an automobile accident. In discussing the extent of liability of the original tortfeasor, this court stated:

As to the host driver's liability for the damages which resulted from the blood transfusion, a tortfeasor may be liable not only for the injuries he directly causes to the tort victim, but also for the tort victim's additional suffering caused by inappropriate treatment by the doctor, nurse or hospital staff member who treats the injuries directly caused by the tortfeasor. Berger v. Fireman's Fund Insurance Co., 305 So.2d 724 (La.App. 4th Cir.1974); Hillebrandt v. Holsum Bakeries, Inc., 267 So.2d 608 (La.App.4th Cir.1972); Hudgens v. Mayeaux, 143 So.2d 606 (La.App.3rd Cir.1962); Restatement (Second) of Torts Sec. 457 (1965). The original tortfeasor's responsibility may extend to the risk involved in the human fallibility of physicians, surgeons, nurses and hospital staffs which is inherent in the necessity of seeking medical treatment.

Here, Gaynell Weber sustained a collapsed lung (among other injuries) in the automobile accident. When she underwent surgery to reinflate her lungs, she received several blood transfusions. She contracted hepatitis from contaminated blood used in the transfusions.

The question is essentially one of legal causation which should be viewed under a duty-risk analysis. The host driver's negligence was a cause in fact of Gaynell's contracting of hepatitis, since the blood transfusion would not have been necessary but for the original injury caused by the negligence. Once causation in fact is established, the next step in determining liability is to determine what duty was imposed under the circumstances and whether this particular risk was within the scope of the protection extended by the imposition of that duty. The duty on the host driver to refrain from causing injury to another by the negligent operation of her vehicle encompassed the risk that the tort victim's injuries might be worsened by the treatment for those injuries. Moreover, there is an ease of association between the injury and the rule of law which gave rise to the duty. We therefore conclude that the host driver was liable for any damages resulting from the blood transfusion, along with any other parties whose fault caused Gaynell Weber to contract hepatitis.

Weber, 475 So.2d at 1050 (footnotes omitted) (some citations omitted) (some emphasis added). ⁵

Using the above analysis, this court in Weber found (1) the blood transfusion would not have been necessary but for the original injury; and (2) the duty of the original tortfeasor to refrain from causing injury to the victim includes the risk that the victim will receive a blood transfusion with contaminated blood during treatment of the original injury. As such, the original tortfeasor was found liable for the damages resulting from the blood transfusion.

For plaintiffs in this case to even avail themselves of the Weber rationale, they would have to prove that the subsequent injury to plaintiff occurred during, was directly related to or resulted from "treatment for the original injury". This is so because, under Weber' § theory extending the liability of the original tortfeasor beyond the immediate and direct consequences of his act, an injury to plaintiff during the hospital stay which is unrelated to treatment for the original injury is not a risk encompassed within the original tortfeasor's duty. Plaintiffs basically argue the entire hospital stay is itself the treatment of the original injury, and therefore, anything which occurs to the tort victim while in the hospital has occurred during "treatment". It is apparent, however, that the word "treatment," as used in Weber, was meant to have a narrower definition. For example, therein we stated the original tortfeasor may be liable for "additional suffering caused by inappropriate treatment" or for injuries which are "worsened by the treatment" by the doctor, nurse, or hospital staff member "who treats the injuries directly caused by the tortfeasor." Consequently, the word "treatment" as used in Weber connotes some specific, active intervention or participation by the medical professional for the purpose of curing the original injuries and cannot be interpreted to equate the entire convalescent period in the hospital with "treatment".

Plaintiffs alternatively argue bathing in general is "treatment of the original injury" because it...