South Broward Hospital District d/b/a Memorial Regional
Hospital v. Gibson
9 Fla. L. Weekly Supp. 380a
Hospitals -- Liens -- Insurance -- Health maintenance
organizations -- Torts -- Action by hospital to pursue liens
against patient's personal injury protection and uninsured
motorist coverage rather than submitting bills to patient's
health insurance carrier where express terms of participating
provider agreement between hospital and carrier provide
that hospital will accept payment from carrier as payment
in full for covered services -- Patient's motion for summary
judgment on counterclaims for tortious interference with
contract, civil theft, malicious prosecution, violation
of Florida Consumer Collections Practices Act, and violation
of section 641 against hospital whose pursuit of lien against
patient's personal injury protection coverage was denied
by partial summary judgment is denied where there exist
genuine issues of material fact
SOUTH BROWARD HOSPITAL DISTRICT, a Special Tax District
of the State of Florida d/b/a MEMORIAL REGIONAL HOSPITAL,
Plaintiff, vs. CHARLES GIBSON and ALLSTATE INSURANCE COMPANY,
Defendant. Circuit Court, 17th Judicial Circuit in and for
Broward County. Case No. 98-6738 (09). CHARLES GIBSON, Defendant/Counter-Plaintiff
vs. SOUTH BROWARD HOSPITAL DISTRICT, a Special Tax District
of the State of Florida d/b/a MEMORIAL REGIONAL HOSPITAL,
Plaintiff/Counter-Defendant. CHARLES GIBSON, Defendant/Cross-Plaintiff,
vs. ALLSTATE INSURANCE COMPANY, Defendant/Cross-Defendant.
April 30, 2002. Robert Lance Andrews, Judge.
ORDER
THIS CAUSE having come before the Court upon Defendant/Counter-Plaintiff
s Motion for Final Summary Judgment, and the Court having
considered same, having heard argument of counsel, and otherwise
being duly advised in premises, finds and decides as follows:
The instant action arises from an automobile accident in
which Defendant/Counter-Plaintiff Charles Gibson was injured.
Although Mr. Gibson had health insurance with an HMO which
had contracted with the Hospital, Memorial Hospital sought
to impose a hospital lien on the proceeds of Mr. Gibson's
PIP coverage. The Hospital sued Mr. Gibson alleging impairment
of its liens. Mr. Gibson counter-claimed, alleging tortious
interference with contract, civil theft, malicious prosecution,
violation of the Florida Consumer Collections Practices
Act, and violation of Florida Statute 641. On October 1,
2001, this Court denied the Hospital's Motion for Summary
Judgment and granted Mr. Gibson's Motion for Partial Summary
Judgment, requiring the Hospital to refund the $10,000.00
representing Mr. Gibson's PIP benefits, and to provide and
filed a satisfaction of lien with regard to the hospital
liens. [8 Fla. L. Weekly Supp. 839a] Mr. Gibson now moves
for summary judgment on his counterclaims against the Hospital.
Summary judgment is appropriate ``if the pleadings, depositions,
answers to interrogatories, and admissions on file, together
with the affidavits, if any, show that there is no genuine
issue as to any material fact and that the moving party
is entitled to judgment as a matter of law.'' Rule 1.510(c)
Fla. R. Civ. Pro. The party moving for summary judgment
has the burden of showing the absence of a genuine issue
of fact. All inferences must be drawn from the proof in
favor of the party opposing the motion. Liberty Mutual
Insurance Co. v. Stuckey, 220 So.2d 421 (Fla. 4th DCA
1969). Unless the material facts are so crystallized that
nothing remains except question of law, summary judgment
should not be granted. Moore v. Morris, 475 So.2d
666 (Fla. 1985). If the evidence raises any issue of material
fact, if it is conflicting, if it will permit different
reasonable inferences, or if it tends to prove the issues,
it should be submitted to the jury as a question of fact
to be determined by it. Id.
Upon a review of the record herein, this Court finds that
there exist genuine issues of material fact which preclude
the grant of Summary Judgment in favor of Defendant/Counter-Plaintiff.
Accordingly, it is hereby
ORDERED AND ADJUDGED that Defendant/Counter- Plaintiff's
Motion for Final Summary Judgment is DENIED.
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