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Grady v. Riley2/26/2002
AFFIRMED.
Plaintiff appeals a summary judgment dismissing some of the defendants in this personal injury suit arising out of an automobile collision. We affirm.
On November 24, 1999 John Riley, an employee of the Jefferson Parish Consolidated Waterworks District No. 1, was driving a van owned by the Parish of Jefferson that collided head-on with an automobile driven by Louise Grady. Riley fled the scene of the accident. Louise Grady was severely injured and subsequently became permanently and totally disabled due to those injuries. In addition, she sustained brain damage that eventually required her interdiction.
Louise Grady's husband, William J. Grady, filed suit against Riley and the Parish of Jefferson. By supplemental and amending petitions Grady added the following defendants: Consolidated Waterworks District No. 1 of the Parish of Jefferson; Dean A. Hickman, M.D., Riley's psychiatrist; and the clinic and hospital with which the psychiatrist is associated (hereafter jointly referred to as "Ochsner").
Plaintiff made numerous allegations of negligence against Dr. Hickman, including the following: that defendant Riley suffered from bipolar disorder for which Hickman treated him; that Hickman had released Riley to work without restrictions when he knew or should have known it was unsafe to do so; that Hickman failed to adequately warn, explain or inform Riley's employer of Riley's medical condition; that Hickman failed to take adequate safeguards to insure that Riley would take his medication and released Riley from supervised treatment to return to work when he knew or should have known that Riley was dangerous to himself or others and that Riley's mania was likely to worsen; that Hickman failed to adequately diagnose and treat Riley and failed to administer recommended psychotherapy to Riley, instead allowing Riley to receive treatment only through medication.
Further, plaintiff alleged that Hickman allowed Riley to take only the medications and treatment Riley wanted and did so without adequately informing or warning third parties of the dangers involved; that Hickman prescribed medication to Riley that would exacerbate and aggravate Riley's condition and did so without the use of mood-stabilizing medications; that Hickman failed to provide adequate follow-up and post-discharge care to Riley after allowing Riley to return to work; that Hickman continued to prescribe medication to Riley when he knew or should have known the prescribed medication would aggravate Riley's condition without medications that provided a mood-stabilizing effect; that Hickman returned Riley to work with a diagnosed bipolar disorder, which he knew or should have known was not being adequately controlled and treated with the medications he prescribed to Riley; and that Hickman knew or should have known that mood-stabilizing medication was appropriate and needed.
Further, plaintiff asserted that Hickman returned Riley to full duty at work with knowledge that said duties included operating motor vehicles while knowing that Riley's mania would or could worsen, thus putting innocent third parties at risk; alternatively, that Hickman returned Riley to work without adequate information about the type of work done by Riley; that Hickman failed to inquire into and obtain from Riley's employer a description of Riley's job duties and responsibilities before allowing Riley to return to work; that Hickman failed to exercise reasonable care in returning Riley to full duty; that Hickman failed to warn Riley's employer and/or immediate family of the danger involved in returning Riley to work under the circumstances; and that Hickman failed to use reasonable care to guard a
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