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Nathan v. St. Luke Hospitals12/17/2004
AFFIRMING
William Nathan appeals from an order of the Pendleton Circuit Court awarding summary judgment to St. Luke Hospitals, Inc., in a lawsuit related to an automobile accident in which Nathan was injured. Nathan contends that the circuit court erroneously applied the one-year statute of limitations contained in KRS 413.140(1)(e) rather than the two-year statute of limitations contained in KRS 304.39-230(6), a section of the Motor Vehicle Reparations Act (MVRA). We agree with Nathan that the circuit court incorrectly applied KRS 403.140(1)(e). Nevertheless, because St. Luke is entitled to summary judgment on the merits of Nathan's claims, we affirm.
Viewing the evidence in the light most favorable to Nathan, the facts are as follows. On July 7, 2000, Nathan checked into St. Luke Hospital in Fort Thomas to undergo tests relating to his alcohol and drug dependency problem and for ongoing dental infections. Following initial testing, St. Luke personnel told Nathan that he needed to be transferred to the St. Luke facility located in Falmouth, Kentucky, for completion of the testing. The transfer was approved by Nathan's health insurance carrier, United Healthcare, which also agreed to pay for the cost of transporting Nathan by cab.
St. Luke called a cab service, Diamond Cab Co., to transport Nathan to the Falmouth facility. The cab was driven by Eugene Lee, a Diamond Cab employee. According to Nathan, a St. Luke representative walked him to the front lobby of the hospital and told him that he was still in the care of St. Luke, that he could not stop for any reason, that he was to go directly to the Falmouth facility, and that he was to have no contact with any person other than the person transporting him.
Nathan alleges that Lee initially attempted to persuade him to go to someone Lee knew in Cincinnati who could "take care" of his problem. After Lee headed the cab toward Cincinnati, Nathan told him that he wanted to go the Falmouth facility. Lee then headed the cab back in that direction. Nathan alleges that during this time he noticed that the vehicle was not braking and shifting properly and that Lee did not appear to be paying close attention to the road.
During the drive to Falmouth, two deer darted in front of the cab, and Lee slammed on the brakes. Nathan was thrown forward and hit the front seat headrest and/or the back of Lee's head, injuring his left jaw and neck. Moments later, a vehicle driven by George Campbell slammed into the back of the cab causing further injury to Nathan.
On November 17, 2001, Nathan filed a civil action in the Pendleton Circuit Court in connection with the events of July 7, 2000. Eugene Lee, Diamond Cab Co., and George Campbell were named as defendants.
On May 31, 2002, Nathan filed a motion to amend his complaint to name St. Luke as a party to the action. The motion was granted, and the amended complaint was filed on June 6, 2002. In his amended complaint, Nathan alleged that at the time of the July 7, 2000 accident, Diamond Cab Co. was acting with the consent of, for the benefit of, and subject to the control of St. Luke. He further alleged that St. Luke had "carelessly and negligently allowed the Defendant, Diamond Cab Company, to transport the Plaintiff despite knowledge and belief that the Defendant, Diamond Cab Company would operate said vehicle in a careless and negligent manner." St. Luke was served on June 11, 2002.
St. Luke thereafter filed a motion for summary judgment. It argued that Nathan's claim against it was barred by the statute of limitations and, further, that Nathan had failed to present any affirmative evidence in opposition to the hospital's a
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