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Shoemaker v. City of Shreveport2/24/1999
SHOEMAKER v. SHREVEPORT E., 31,692 (La.App. 2 Cir. 2/24/99)
Jeffrey Lane Shoemaker appeals a judgment granting summary judgment and the peremptory exception of no right of action in favor of the City of Shreveport.
We affirm.
FACTS
In the early morning hours of January 1, 1997, Jeffrey Shoemaker was injured when he was hit over the head with a pool cue at Shooter's Saloon in Shreveport. Emergency Medical Services ("EMS") paramedics found Shoemaker lying on the floor. According to the EMS report, Shoemaker had a large hematoma to his left eye and swelling to his upper lip with some bleeding. Shoemaker was taken by ambulance to Schumpert Medical Center.
Shoemaker, individually and on behalf of his minor son, filed suit against the City of Shreveport Emergency Medical Services on December 11, 1997. Alleging fault, negligence and gross negligence, Shoemaker contends that the failure of EMS to transport him to the LSU Medical Center caused an unnecessary and unreasonable delay in appropriate medical care resulting in an increase in the severity of his brain damage. Shoemaker also alleges that Shreveport failed to properly and adequately train the paramedics in the proper evaluation and treatment of a closed head injury. He further alleges that the paramedics took him to a hospital ill-equipped to treat his injuries instead of to the designated trauma center.
On May 12, 1998, Shreveport filed the peremptory exception of no right of action, and in the alternative, a motion for summary judgment, contending that its emergency medical technicians are immune from liability for ordinary fault and negligence pursuant to La. R.S. 40:1235. Shreveport supported its exception and motion for summary judgment with affidavits from Mike Cook and Darin Evans, the two paramedics who assessed Shoemaker's condition and transported him to Schumpert, and Dr. Ronald Lambert, the Medical Director of the EMS Department of the Shreveport Fire Department who developed the policy used by Cook and Evans to determine where to transport Shoemaker. Shreveport asserted that as a matter of law the actions of Cook and Evans did not rise to the level of an intentional tort or gross negligence.
A hearing on the motion for summary judgment and exception of no right of action was set for June 15, 1998. The court minutes reflect that on that date the trial court ordered the motion and exception submitted on briefs. Shoemaker filed his opposition to the motion and exception four days later on June 19, 1998. A memorandum was attached to his opposition. No affidavits, depositions or other documents were submitted by Shoemaker in opposition to the motion and exception.
The trial court rendered judgment on June 19, 1998, granting the exception of no right of action, and alternatively, the motion for summary judgment. On September 17, 1998, Shoemaker filed with this court a motion to supplement the record and a motion to remand regarding his failure to attach documents to his opposition. Both motions were denied by this court.
DISCUSSION
We review summary judgments de novo under the same criteria which govern the trial court's determination of whether summary judgment is appropriate. Anderson v. Allstate Ins. Co., 29,847 (La.App. 2d Cir. 9/24/97), 699 So.2d 1160.
Summary judgment is designed to secure the just, speedy and inexpensive determination of every action allowed by law. NAB Natural Resources, L.L.C. v. Willamette Industries, Inc., 28,555 (La.App. 2d Cir. 8/21/96), 679 So.2d 477. Summary judgments are governed by La. C.C.P. art. 966. A motion for summary judgment is properly granted if the pleadings, depos
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