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Monday, February 22, 2010

Ind. Decisions - Court of Appeals issues 1 today (and 3 NFP)

For publication opinions today (1):

In A.S. and M.S. v. LaPorte Regional Health System, Inc., et al. , a 12-page opinion, Judge Bradford writes:

As of February 1, 2002, A.S., an employee of LaPorte Hospital (“the Hospital”) had worked in a phlebotomy laboratory in the Heritage Place building in LaPorte for approximately one year. The laboratory was located in Suite 308 of Heritage Place, a suite known as the “Specialty Center.” As it happened, the laboratory was located in space the Hospital, which owned Heritage Place, had leased to LRPN. LRPN, however, did not occupy, possess, or control the laboratory space in which A.S. worked. Moreover, no employees of LRPN worked in the laboratory or had any right to control it in any respect. The Hospital provided all necessary materials and safety equipment to A.S. and her fellow employees.

On February 1, 2002, A.S. was working in the laboratory, drew the blood of an AIDS patient, and sealed the blood into a test tube. After centrifuging the sample, A.S. opened the test tube over a sink. As A.S. did so, some of the blood splashed into her right eye. A.S. was later found to be HIV-positive.

On October 17, 2002, A.S. and her husband M.S. filed a negligence suit against, inter alia, LRPN, contending that it “owned, operated, managed, maintained or controlled” Heritage Place on February 1, 2002, and that it “undertook the duty to establish a proper policy and procedure for universal precautions and personal protection from exposure to infectious agents at Heritage Place and to assure that personal [sic] handling potentially infectious materials were provided with necessary personal protective equipment and supplies.” A.S. alleged that she had contracted AIDS, and M.S. alleged loss of consortium, due to LRPN's negligence.

On January 15, 2009, LRPN filed a summary judgment motion, contending that it owed no duty of care to A.S. On April 30, 2009, A.S. and M.S. filed a response to LRPN's motion, contending that LRPN owed a duty to A.S. stemming from federal and state regulations, the lease agreement between the Hospital and LRPN, and LRPN's in-concert actions with the Hospital. On August 12, 2009, following a hearing, the trial court entered summary judgment in favor of LRPN. * * *

In summary, we conclude as a matter of law that Appellants failed to establish that LRPN had a duty of care to A.S. Consequently, the trial court properly entered summary judgment in favor of LRPN.

NFP civil opinions today (2):

Term. of Parent-Child Rel. of L.S., E.S., and M.W.; A.W. v. IDCS (NFP)

Term. of Parent-Child Rel. of W.M.; H.M. v. IDCS (NFP)

NFP criminal opinions today (1):

Paul Kinnaman v. State of Indiana (NFP)

Posted by Marcia Oddi on February 22, 2010 10:59 AM
Posted to Ind. App.Ct. Decisions