Burlington N. & Santa Fe Ry. Co. v. Han, Case No. 14-CV-0069-CVE-PJC

BURLINGTON NORTHERN & SANTA FE RAILWAY COMPANY, Plaintiff, v. PATRICK PILGYUN HAN, M.D., Defendant.

Case No. 14-CV-0069-CVE-PJC

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OKLAHOMA

August 24, 2015

OPINION AND ORDER

Now before the Court is Defendant Han's Motion for Summary Judgment and Supporting Brief (Dkt. # 71). Defendant Patrick Pilgyun Han, M.D., argues that he cannot be held liable for contribution to plaintiff Burlington Northern & Santa Fe Railway Company (BNSF), because the release executed by BNSF did not release Dr. Han from all potential liability to the underlying tort claimant and BNSF has no evidence that it is a joint tortfeasor with Dr. Han. Dkt. # 71. BNSF responds that the release executed with the underlying tort claimant was sufficient to give rise to a right of contribution for BNSF, and it argues that it has admitted that it had some role in the accident that it alleges caused the tort claimant to seek medical treatment from Dr. Han. Dkt. # 73.

I.

On September 1, 2004, Jamie Kay Detre was injured when her vehicle collided with a train operated by BNSF. Dkt. # 18-1, at 2. Detre filed a lawsuit against BNSF in Creek County District Court seeking actual and punitive damages in excess of $10,000. Id. at 3. On August 26, 2006, Detre sought treatment from Dr. Han for a direct traumatic carotid cavernous fistula (CCF). She died two days after she visited Dr. Han. The Estate of Jamie Kay Detre (the Estate) amended thecomplaint in the state court lawsuit to include a wrongful death claim against BNSF. Dkt. # 18-2. The Estate did not add Dr. Han as a party in the state court lawsuit. However, he was deposed as part of the state court lawsuit, and he testified that the train accident caused Detre's CCF. Dkt. # 71-1, at 32. Dr. Han stated "with very strong medical certainty that this [CCF] was caused by the train accident. Id. BNSF retained a medical expert, David Fell, M.D., to testify as to the cause of Detre's death, and Dr. Fell believed that the CCF occurred spontaneously and he thought it was "preposterous" that the train accident could have caused Detre's CCF. Id. at 37. BNSF also retained an expert radiologist, Matt Powers, M.D., and Dr. Powers stated the following opinions:

8. Dr. Han's opinion that the train accident caused the cavernous fistula suffered by Jamie Detre is completely unsupported by the medical literature and is contrary to the scientific principals [sic] supporting the study of human physiology.

9. The medical evidence is clear that Jamie Detre did not suffer the type of facial injury, especially fracture of facial bones or other types of trauma to the face that would cause a cavernous fistula. Moreover, the cavernous fistula suffered by Jamie Detre did not occur for more than one year after the accident. It is medically and scientifically improbable that a cavernous fistula would be asymptomatic or delay manifestation for a period of several months and certainly more than a year.

10. Jamie Detre's collision with the train in this case occurred on September 1, 2004. Dr. Han treated Ms. Detre's carotic cavernous fistula from August 26, 2006 until her death on August 28, 2006, was wholly unrelated to her train accident. Dr. Han's surgical intervention on August 25, 2006 was not necessitated by, or related to, the September 1, 2004 train collision.

Dkt. # 71-1, at 40.

The Estate and BNSF signed a mediation agreement on September 9, 2010. Id. at 43. The Estate agreed to dismiss with prejudice its claims against BNSF in exchange for the payment of $1,000,000. Id. Dr. Han was not mentioned in the mediation agreement. The Estate and BNSF subsequently executed a release in which the Estate:

hereby release[d] and forever discharge[d] . . . . [BNSF] . . . from any and all claims and liabilities of every kind and nature whatsoever resulting from a collision between a train and vehicle which occurred in Creek County, Oklahoma, on or about the 1st day of September 2004 in which Jamie Kay Detre was the driver of the vehicle. This Agreement includes all damages, past, present or future, resulting from said accident. . . . Claimants understand that this release covers all incidents and damages, expenses and future consequences of this accident.

Claimants further covenant and agree that they will never institute any further suit, action at law or otherwise against . . . [BNSF] . . . nor institute or prosecute or in any way aid in the institution or prosecution of any claim, demand, action or cause of action for whatever kind, arising from the aforesaid collision.

In this Release, Claimants also fully and specifically release Patrick Han, M.D., Jamie Kay Detre's treating physician, from any and all claims and liabilities of any kind or nature, whether or not heretofore asserted or otherwise known, to the same extent that Defendants are released in this document.

Dkt. # 71-1, at 45-46. The release states that it is a "FULL AND FINAL RELEASE OF ALL CLAIMS . . . between Claimants and the parties released . . . ." Id. at 50. However, the final paragraph of the Release states that the claimants "UNDERSTAND THAT THIS RELEASE EXTINGUISHES ALL OF THE CLAIMS RELATING TO THE SEPTEMBER 1, 2004 ACCIDENT, WHETHER OR NOT MADE IN THE PETITION FILED ON DECEMBER 20, 2005." Id. at 51.

BNSF filed a lawsuit in Tulsa County District Court seeking indemnification and contribution from Dr. Han. Id. at 54-57. BNSF alleged that Detre's "death was not caused by the collision with BNSF's train," and it claimed that Detre's death was caused solely by Dr. Han's negligent medical treatment of Detre. Id. at 55-56. BNSF made no allegations that it was a joint tortfeasor with Dr. Han, and it denied any responsibility for Detre's death. Id. at 56. The parties appeared before the state court for a hearing on a discovery matter, and BNSF acknowledged that it sought to withdraw its contribution claim against Dr. Han. Id. at 70-71. BNSF expresslydisclaimed any argument that was a joint tortfeasor with Dr. Han and, instead, it took the position that Dr. Han was solely responsible for Detre' death. Id. at 71-72. Counsel for BNSF clearly stated his client's position as follows:

I mean, we are not joint tortfeasors; okay? So it doesn't matter, as the court has pointed out several times, why that wreck happened or when it happened. Frankly, it doesn't even matter what the amount of the settlement was. This jury is going to have to arrive at what the valuation is for Dr. Han's own conduct in bringing out this successive and unrelated tort. We're only entitled to be paid back what we, as an indemnitor, paid, but it's not a "you paid X and we should pay Y, because together we brought about this injury."

Id. at 96-97. Dr. Han took the position that the train accident gave rise to Detre's CCF and that the railroad's negligence was the reason Detre came to him for treatment. Id. at 74. Based on the parties' arguments, it appears that BNSF dropped the contribution aspect of its case in an attempt to keep out evidence about the train accident, because BNSF argued that Detre had fully healed from any injuries caused by the accident and that the relevant issue was whether Detre's CCF was related to the accident. Id. at 81-83. Under this theory, BNSF argued that it was an indemnitor for Dr. Han, because it bore no liability for Detre's wrongful death claim and it should be able to receive indemnification as a fault-free party as to the wrongful death claim. Id. at 99.

BNSF voluntarily dismissed its claims against Dr. Han in state court and, on February 18, 2014, it filed this case alleging a contribution claim against Dr. Han. BNSF stated that Detre died as a result of Dr. Han's grossly negligent medical treatment and that Detre's "death was not caused by the collision with BNSF's train." Dkt. # 2, at 2. BNSF acknowledged that it "played some part in bringing about personal injury to [Detre], but alleges that her death was caused by the negligence of [Dr. Han.]" Id. at 3. Dr. Han filed a motion to dismiss the complaint and argued, inter alia, that the contribution claim should be dismissed because BNSF failed to allege that it was a jointtortfeasor with Dr. Han. Dkt. # 11, at 6-9. The Court granted the motion to dismiss and found that it was "apparent that [BNSF] is attempting to completely distance itself from any liability for Detre's death." Dkt. # 17, at 4. The claim alleged in BNSF's complaint was essentially a claim for indemnification and, to state a contribution claim, BNSF would be "required to affirmatively allege that its actions played some role in Detre's alleged wrongful death." Id. BNSF filed an amended complaint making the following allegations:

15. Plaintiff BNSF alleges the crossing collision played some part in bring about the personal injury to Jamie Kay Detre.

16. BNSF's conduct thus played a role in [Detre's] death.

17. BNSF's role was limited.

18. [Detre] was injured in a crossing collision incident.

19. Dr. Han's negligent medical treatment aggravated or enhanced the initial personal injuries to [Detre]. Dr. Han's negligent medical treatment resulted in [Detre's] death approximately two years after the crossing collision.

20. BNSF alleges that the crossing collision was causally related, to some degree, to the condition for which Dr. Han treated [Detre].

21. More importantly, it was reasonably likely that a jury in the Detre action could have concluded that the crossing collision resulted and/or contributed to the personal injuries that eventually led and/or contributed to [Detre] being treated by Dr. Han. Such was alleged by the Detre estate in the Detre action.

Dkt. # 18, at 3-4. In the parties' joint status report (Dkt. # 28), Dr. Han summarized his defenses and stated that Detre sought treatment from Dr. Han for the CCF, a condition that was directly caused by the Crossing accident." Dkt. # 28, at 2.

II.

Summary judgment pursuant to Fed. R. Civ. P. 56 is appropriate where there is no genuine dispute as to any material...