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Robertson v. West Carroll Ambulance Service District1/26/2005
implies that since Dr. Guinigundo committed his alleged acts of malpractice while Robertson was in the West Carroll Memorial Hospital, West Carroll was vicariously liable for the doctor's negligence.
In contrast to the allegations of the amended petition regarding the doctor's negligence, Nurse Braun's report to the plaintiff's counsel specifically noted that "you asked me to address the fact that Mr. Robertson was allowed to drive his vehicle after informing these nurses that he had taken a sleeping pill prior to coming to the hospital, and was this appropriate care in this situation." Further, when questioned in her deposition, Nurse Braun stated that she was asked to determine "whether it was within the standard of care for Mr. Robertson to be allowed to leave the hospital after having told them he had taken a sleeping pill."
In this appeal, while Kenneth concedes that West Carroll had no responsibility for the post-accident actions of Dr. Guinigundo, he argues that his pre-accident negligence claims for the nurses' actions were improperly dismissed by the trial court. West Carroll contends that the issue of pre-accident negligence was beyond the scope of the pleadings and not before the court. We agree.
In neither the original nor supplemental pleadings is any mention made of the facts surrounding the pre-accident visit to West Carroll by Robertson. Instead, the clear language of the supplemental petition alleges only that West Carroll and Dr. Guinigundo fell below the standard for adequate health care to Billy Roy Robertson, for the "three (3) hour period" he was in the care of West Carroll. The original petition succinctly describes that three hour period as occurring after the car accident. Thus, even if the pleadings are liberally read, the transaction or occurrence which is the subject of this suit is the post-accident treatment of Robertson.
Under the fact pleading utilized in Louisiana, a party may be granted any relief to which he is entitled under the pleadings and the evidence so long as the facts constituting the claim are alleged. "We the People" Paralegal Services, L.L.C. v. Watley, 33,480 (La. App. 2d Cir. 8/25/00), 766 So. 2d 744. The petition must set forth the facts upon which recovery is based; otherwise the defendant would have neither adequate notice of the allegation nor an opportunity to counter the claim. Howell v. Taylor, 35,279 (La. App. 2d Cir. 10/31/01), 799 So. 2d 1175; "We the People" Paralegal Services, L.L.C., supra; Sledge v. Continental Cas. Co., 25,770 (La. App. 2d Cir. 6/24/94), 639 So. 2d 805. Moreover, mere allegations of negligence cannot form the basis of a cause of action, which must be based on facts from which such conclusions may be drawn. Batson v. Cherokee Beach and Campgrounds, Inc., 428 So. 2d 991 (La. App. 1st Cir. 1983), writ denied, 434 So. 2d 1092 (La. 1983).
Here, Kenneth's petition simply fails to factually allege the nurses' acts or connect the alleged negligence of the hospital for the nursing staff's treatment pre-accident. Accordingly, West Carroll received no notice of any claim against it for pre-accident negligence. On these grounds, the trial court correctly concluded that issues of pre-accident negligence of the hospital were not before it on summary judgment. Kenneth's claims are without merit.
Conclusion
The trial court judgment dismissing the claims of Kenneth Robertson against West Carroll Memorial Hospital is affirmed at appellant's costs.
AFFIRMED.
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