CORDELL HULL, SR.
JEFFERSON PARISH HOSPITAL DISTRICT # 1 D/B/A WEST 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, REHAB CARE GROUP MANAGEMENT
SERVICES, INC. Jon A. Van Steenis Paul R. Trapani, 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, RehabCare Group Management Services,
Inc.'s ("RehabCare"), exception of
prescription. 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. WJMC
filed motion for summary judgment arguing that appellant
could not show that WJMC had actual or constructive notice of
the defect in the hand cycle; that it failed to take
corrective action within a reasonable amount of time pursuant
to La. R.S. 9:2800; and that the physical therapist was
employed by RehabCare, not WJMC. On February 2, 2016, the
trial court granted WJMC's motion for summary judgment
and dismissed appellant's claims against WJMC.
1, 2015, appellant filed a first supplemental and amending
petition naming RehabCare as an additional defendant.
Appellant contended that RehabCare, who was an independent
contractor providing physical therapy services in a space it
leased from WJMC, was the employer of the physical therapist,
Terese Joseph. Appellant claimed that RehabCare was liable
for its own negligence pursuant to La. C.C. ...