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Hull v. Jefferson Parish Hospital District No. 1

Court of Appeals of Louisiana, Fifth Circuit

April 26, 2017

CORDELL HULL, SR.
v.
JEFFERSON PARISH HOSPITAL DISTRICT NO. 1 D/B/AWEST JEFFERSON MEDICAL CENTER

         ON 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.

          Panel composed of Robert M. Murphy, Stephen J. Windhorst, and Hans J. Liljeberg

         AFFIRMED.

         SJW

         RMM

         HJL

          STEPHEN J. WINDHORST JUDGE.

         Appellant, 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.

         Facts and Procedural History

         On 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.

         On 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.

         On 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 ...


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