Rice et al v. Cornerstone Hospital of West Monroe L L C

Filing 124

RULING re 93 MOTION for Summary Judgment on Independent Contractor Status of Physicians filed by Cornerstone Hospital of West Monroe L L C. Signed by Judge Robert G James on 2/4/16. (crt,DickersonSld, D)

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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA MONROE DIVISION TOMMIE RICE ON BEHALF OF THE MINORS, CIR AND GMR CIVIL ACTION NO. 13-0362 VERSUS JUDGE ROBERT G. JAMES CORNERSTONE HOSPITAL OF WEST MONROE MAG. JUDGE KAREN L. HAYES RULING Pending before the Court is Defendant Cornerstone Hospital of West Monroe’s (“Cornerstone”) Motion for Summary Judgment on Independent Contractor Status of Physicians [Doc. No. 93]. Cornerstone moves the Court to find as a matter of law that Dr. Michael Lawson, Dr. Donna Donald, and any other doctor who treated the decedent, Joshua Rice, acted as independent contractors. Accordingly, Cornerstone contends that it cannot be held responsible for the actions of the independent contractor doctors. Plaintiff Tommie Rice (“Rice”) filed a pleading in response to this motion which is styled an “Opposition.” [Doc. No. 105]. However, in that pleading Rice “stipulates to independent contractor status of the physicians.” Id. at p. 2. Rice states that neither Dr. Donald nor Dr. Lawson has been “named as [a] defendant[] nor has it been alleged that they have committed any negligent acts.” Id. at p. 1. According to Rice, Cornerstone “never disclosed to any doctor any accident or injury sustained by Joshua Rice at Cornerstone.” Id. Based on Rice’s stipulation and assertions, the Court finds that there are no genuine issues of material fact for trial on the independent contractor status of Drs. Lawson and Donald or any other doctor who may have treated Joshua Rice while he was at Cornerstone. Therefore, Cornerstone’s “Motion for Summary Judgment on Independent Contractor Status of Physicians” [Doc. No. 93] is GRANTED. MONROE, LOUISIANA, this 4th day of February, 2016. 2

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