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Northshort Capital Enterprises v. St. Tammany Hospital District #26/21/2002
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On appeal, plaintiffs suggest that this court's earlier-rendered opinion clearly rejected the finding that Cantin was a contractual employee of SMH. But this court in reviewing the propriety of the dismissal of plaintiffs' petition on the basis of only the no cause of action exception was precluded from considering evidence. See Johnson, 93-1170 at p. 3, 635 So.2d at 745. Thus, plaintiffs' agreement that Cantin was an employee of SMH at the time of the written assignment was of no moment in reviewing whether the allegations of fact, on the face of the petition, stated a cause of action because Cantin did not aver he had an employment relationship with SMH.
In our review of the January 30, 2001 judgment granting SMH's exception of no right of action, we are not precluded from considering evidence. See Johnson, 93-1170 at p. 3, 635 So.2d at 745-46. And on the re-urging of the no right of action exception it does not matter whether plaintiffs are bound by their earlier agreement that Cantin was an employee at the time of the assignment because a review of the evidence submitted in support of the exception shows that Cantin was a contractual employee of SMH. Deposition testimony placed into evidence reveals that Cantin acknowledged he was earning $2,000 per month on a retainer with SMH. For the $2,000 monthly fee he explained that he was developing the market, which meant finding Mississippi physicians who might be interested in either selling their practices or forming various affiliations with SMH. Cantin stated that at the time Northshore executed the assignment with SMH, the term of his retainer contract with SMH had not expired.
The pleadings established that SMH, a hospital district and an agency of the State of Louisiana, is a governmental entity and that Cantin is a partner in Northshore. With Cantin's admission that he was a contractual employee of SMH, the trial court correctly determined that at the time of the assignment, he was a public employee and public servant. As such, this lawsuit to recover $8,874 pursuant to the terms of the assignment between Northshore and SMH, a contract which falls squarely within the ambit of the transactions prohibited under La. R.S. 42:1112A, B and 1117, removes plaintiffs from the class of persons afforded the right to enter into, and therefore to enforce, the contractual provisions established in the assignment. See Johnson, 93-1170 at p. 5, 635 So.2d at 746 (concluding mechanic had no right of action in claim for vessel negligence pursuant to statutory bar under Longshore and Harbor Workers' Compensation Act). See also Walker, 33,781 at pp. 2-6, 765 So.2d at 1226-28 (concluding an appointed provisional tutor had no right of action in children's wrongful death claim against mother, alleged tortfeasor in father's death, under an application of parent-child immunity statute). Accordingly, we find the trial court correctly granted SMH's exception of no right of action and dismissed plaintiffs' lawsuit.
DECREE
For these reasons, the trial court's judgment granting SMH's exception of no right of action is affirmed. Costs of this appeal are assessed to plaintiffs, Edwin J. Cantin, Jr. and Ed Stevens d/b/a Northshore Capital Enterprises.
AFFIRMED.
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