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Robertson v. West Carroll Ambulance Service District1/26/2005
nitial petition, plaintiff made the following allegations against the ambulance service only:
3. Plaintiff, KENNETH R. ROBERTSON, shows that on or about October 13, 1997, his father, BILLY ROY ROBINSON, was involved in a motor vehicle accident in which he sustained serious injuries and required transportation to West Carroll Memorial Hospital via ambulance.
4. Plaintiff shows that defendant, WEST CARROLL AMBULANCE SERVICE DISTRICT, or, alternatively, WEST CARROLL VOLUNTEER EMERGENCY MEDICAL SERVICES, INC. (hereinafter simply "WEST CARROLL AMBULANCE SERVICE DISTRICT") dispatched an ambulance to transport Billy Roy Robertson from the accident scene to West Carroll Memorial Hospital.
5. Plaintiff shows that Billy Roy Robertson was subsequently transported to West Carroll Memorial Hospital via ambulance, where he remained for nearly three hours.
6. Plaintiff shows that WEST CARROLL AMBULANCE SERVICE DISTRICT then transported Billy Roy Robertson from West Carroll Memorial Hospital to St. Francis Medical Center in Monroe, Louisiana.
In the First Supplemental and Amended Petition which first named West Carroll and Dr. Guinigundo as defendants, Kenneth added the following allegations:
2. Plaintiff wishes to supplement and amend the original Petition for Damages by adding the following paragraph:
6A.
During said hospitalization at Defendant, WEST CARROLL HOSPITAL, INC., Billy Roy Robertson, was given a physical examination by Defendant, Dr. Noli Guinigundo.
6B.
Plaintiff, KENNETH R. ROBERTSON, shows that Defendants, WEST CARROLL HOSPITAL, INC., and DR. NOLI GUINGUNDO, fell below the standard for adequate health care to Billy Roy Robertson, for the three (3) hour period he was in the care of Defendant, WEST CARROLL HOSPITAL, INC.
3. Plaintiff wishes to supplement and amend the original Petition for Damages by adding the following paragraph:
8A.
Plaintiff, KENNETH R. ROBERTSON, shows that Defendant, WEST CARROLL HOSPITAL, INC., is liable to Plaintiff for the wrongful death and/or the loss of chance of survival of Billy Roy Robertson, for their negligence in the following particulars, to wit:
a. Failing to provide adequate medical care;
b. Failing to attend to the patient;
c. Failing to adequately monitor the patient;
d. Any and all other acts of negligence or fault which may be shown through discovery or at the trial of this matter.
In the following paragraph, Kenneth repeated the same allegations of amended paragraph 8A against Dr. Guinigundo.
Regarding the form of pleadings required under Louisiana law, La. C.C.P. art. 891 provides that the petition "shall contain a short, clear, and concise statement of all causes of action arising out of, and of the material facts of, the transaction or occurrence that is the subject matter of the litigation. . . ." From our review of the petition, as amended, the transaction or occurrence that was the subject matter of Kenneth's claim involved the three-hour time period from Kenneth's arrival at West Carroll after his accident until his admittance at St. Francis Medical Center in Monroe. Notably, the petition does not clearly allege a relationship between Dr. Guinigundo and West Carroll which would serve as the basis of vicarious liability on the part of the hospital as required by the jurisprudence. Moreau v. Landry, 305 So. 2d 671 (La. App. 1st Cir. 1974); Johnson v. Peerless Ins. Co., 299 So. 2d 434 (La. App. 4th Cir. 1974); Ford v. Louisiana & A. Ry. Co., 196 So. 403 (La. App. 2d Cir. 1940). Instead, it only vaguely
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