CORDELL HULL, SR.
JEFFERSON PARISH HOSPITAL DISTRICT NO. 1 D/B/AWEST JEFFERSON MEDICAL CENTER
APPEAL FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT PARISH
OF JEFFERSON, STATE OF LOUISIANA NO. 710-214, DIVISION
"B" HONORABLE CORNELIUS E. REGAN, JUDGE PRESIDING
COUNSEL FOR PLAINTIFF/APPELLANT, CORDELL HULL, SR. Michael J.
Begoun Mark R. Wolfe T. Daniel Pick Nancy S. Silbert.
COUNSEL FOR DEFENDANT/APPELLEE, JEFFERSON PARISH HOSPITAL
DISTRICT NO. 1, D/B/A WEST JEFFERSON MEDICAL CENTER Carl T.
Conrad Guice A. Giambrone, III.
composed of Robert M. Murphy, Stephen J. Windhorst, and Hans
STEPHEN J. WINDHORST JUDGE.
Cordell Hull, seeks review of the trial court's judgment
granting appellee, Jefferson Parish Hospital District No. 1
d/b/a West Jefferson Medical Center's ("WJMC"),
motion for summary judgment and dismissing appellant's
claims against WJMC with prejudice. For the reasons that
follow, we affirm.
and Procedural History
February 3, 2011, appellant was receiving physical therapy
treatment at WJMC for injuries sustained from an automobile
accident in 2010. While under the supervision of his physical
therapist, appellant was instructed to get on a hand cycle
after it was adjusted by the physical therapist. The hand
cycle collapsed and appellant sustained injuries.
January 12, 2012, appellant filed a petition for damages
against WJMC contending that the physical therapist did not
properly adjust the hand cycle and as a result, the hand
cycle collapsed and he sustained injuries. Appellant claimed
that WJMC was liable for its own negligence pursuant to La.
C.C. art. 2315 and was strictly liable pursuant to La. C.C.
art. 2317 for the hand cycle in its custody and control.
September 8, 2014, WJMC filed its first motion for summary
judgment arguing (1) that there was an issue concerning the
alleged date of the incident, if it occurred at all, and (2)
that appellant could not show that WJMC had actual or
constructive notice of the defect or hazard in the equipment
and failed to act in a reasonable amount of time to remedy
the situation pursuant to La. R.S. 9:2800. Appellant filed an
opposition stating that the medical documents showed that the
accident occurred on the date alleged and that he was not
alleging a defect in the equipment. Appellant argued that
WJMC's employee, the physical therapist, was negligent in
the adjustment of the hand cycle and ...