Vautsmeier v. County of Stephenson
State: Illinois
Court: 2nd District Appellate
Docket No: 2-96-0751
Case Date: 06/20/1997
No. 2--96--0751
________________________________________________________________
IN THE
APPELLATE COURT OF ILLINOIS
SECOND DISTRICT
________________________________________________________________
RODNEY VAUTSMEIER, ) Appeal from the Circuit Court
) of Stephenson County.
Plaintiff-Appellee, )
) No. 93--L--10
v. )
)
THE COUNTY OF STEPHENSON, ) Honorable
) Lawrence A. Smith, Jr.,
Defendant-Appellant. ) Judge, Presiding.
________________________________________________________________
JUSTICE HUTCHINSON delivered the opinion of the court:
Plaintiff, Rodney Vautsmeier, filed a complaint against
defendant, Stephenson County, alleging that defendant was
responsible for medical bills incurred while plaintiff was an
inmate of the Stephenson County jail. The parties filed cross-
motions for summary judgment, and the trial court denied both
motions, finding that material issues of fact remained. However,
when the parties stipulated that the amount of plaintiff's medical
bills was $13,319.63, the trial court entered judgment for
plaintiff in that amount. Defendant appeals, arguing that it was
not liable for plaintiff's medical and hospital expenses. We
reverse and remand.
Plaintiff filed his complaint on March 3, 1993. According to
the complaint, plaintiff had been sentenced on May 22, 1992, to 120
days in the Stephenson County jail. On June 20, 1992, while in the
Stephenson County jail, plaintiff experienced pain on the right
side of his body. Plaintiff reported his condition to the deputy
and then traveled to Freeport Memorial Hospital, where he had
emergency gallbladder surgery.
Plaintiff incurred medical and hospital bills totaling
$12,439.64. Plaintiff alleged that defendant was responsible for
the bills, that demand for payment of the bills had been made, and
that defendant refused to pay the bills. Plaintiff based his
complaint on two sections of the County Jail Act (the Act) (730
ILCS 125/0.01 et seq. (West 1994)). Section 5 of the Act provides:
"All costs of maintaining persons committed for
violations of Illinois law, shall be the responsibility of the
county. All costs of maintaining persons committed under any
ordinance or resolution of a unit of local government,
including medical costs, is the responsibility of the unit of
local government enacting the ordinance or resolution, and
arresting the person." 730 ILCS 125/5 (West 1994).
Section 17 provides, in part:
"The Warden of the jail shall furnish necessary bedding,
clothing, fuel and medical aid for all prisoners under his
charge, and keep an accurate account of the same. When
medical or hospital services are required by any person held
in custody, the county, private hospital, physician or any
public agency which provides such services shall be entitled
to obtain reimbursement from the county for the cost of such
services." 730 ILCS 125/17 (West 1994).
We note that section 17 has been amended recently. See Pub. Act
89--654, eff. August 14, 1996 (amending 730 ILCS 125/17 (West
1994)); Pub. Act 89--676, eff. August 14, 1996 (amending 730 ILCS
125/17 (West 1994)). However, these amendments are not relevant to
our analysis in this case.
Defendant moved for summary judgment. In the motion,
defendant argued that plaintiff was subject to a work release
schedule. When not working, plaintiff was in the custody of the
Stephenson County sheriff's department. Defendant argued that the
work release director had the authority to release plaintiff to
seek medical treatment, and, therefore, defendant was not
responsible for plaintiff's bills.
Plaintiff also moved for summary judgment. Plaintiff argued
that the work release director did not have the authority to
release him for medical treatment. According to plaintiff, he was
in the custody of the sheriff, and it was the sheriff's obligation
to see that he received medical treatment. Plaintiff asserted that
at the time he needed treatment, it was undisputed that he was in
custody at the Stephenson County jail, and therefore, pursuant to
section 17, defendant was liable for his medical bills.
The trial court denied both motions. Defendant's motion was
denied because the trial court found that plaintiff was in the
custody of the sheriff at the time he incurred the medical
expenses, and therefore section 17 applied. The trial court denied
plaintiff's motion because it found that issues of fact remained as
to the necessity and reasonableness of the expenses. After the
parties stipulated that plaintiff's medical bills totaled
$13,319.63, the trial court entered judgment for plaintiff in that
amount, finding that no issues of fact remained. Although the
trial court did not state so in its judgment order, it was clearly
entering summary judgment for plaintiff, as no new evidence or
testimony, other than the stipulation, was received.
On appeal, defendant argues that we should reverse the trial
court's grant of summary judgment for plaintiff and enter judgment
in its favor instead. Defendant argues that plaintiff had been
released from custody to seek medical treatment, and, therefore, it
is not liable for his bills.
Summary judgment is properly granted if "the pleadings,
depositions, 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 a judgment as a matter of
law." 735 ILCS 5/2--1005(c) (West 1994). The purpose of summary
judgment is not to try questions of fact, but to determine whether
such questions exist. Allegro Services, Ltd. v. Metropolitan Pier
& Exposition Authority, 172 Ill. 2d 243, 256 (1996). Summary
judgment should be granted only when the right of the moving party
is clear and free from doubt. Guerino v. Depot Place Partnership,
273 Ill. App. 3d 27, 30 (1995). We review summary judgment
orders de novo. Monticello Insurance Co. v. Wil-Freds
Construction, Inc., 277 Ill. App. 3d 697, 701 (1996). Where the
parties file cross-motions for summary judgment, they invite the
court to decide the issues presented as a question of law.
Giannetti v. Angiuli, 263 Ill. App. 3d 305, 312 (1994).
Nevertheless, where factual questions on material issues exist,
summary judgment is inappropriate. Giannetti, 263 Ill. App. 3d at
312.
Both parties argue that they were entitled to summary
judgment. After reviewing the record, we find that material issues
of fact remained, and the trial court should not have granted
summary judgment for either side.
Plaintiff's complaint, his motion for summary judgment, and
the trial court's decision were all based on section 17 of the Act.
As previously stated, that section entitles the "county, private
hospital, physician or any public agency" providing medical or
hospital services to obtain reimbursement from the county. 730 ILCS
125/17 (West 1994). The statute unambiguously gives the right for
such a cause of action to the medical provider, not the inmate.
Yet, here, the inmate recovered a money judgment in his own name,
without an allegation that he had paid the bills and was seeking
reimbursement. Plaintiff's complaint was ambiguous on this matter.
Plaintiff merely stated that "demand for payment of the aforesaid
bills has been made and Defendant has refused to pay said bills."
Without a factual finding as to whether plaintiff has paid the
bills, the trial court could not have properly allowed plaintiff to
recover under section 17. The dilemma for plaintiff is that, if he
has not paid the bills, then the hospital is the party owed the
money and section 17 gives the hospital the right to seek
reimbursement from the county. However, if plaintiff has paid the
bills and is seeking reimbursement from the county, then he has
another problem because section 17 also provides that "[t]o the
extent that such person is reasonably able to pay for such care,
including reimbursement from any insurance program or from other
medical benefit programs available to such person, he or she shall
reimburse the county or arresting authority." 730 ILCS 125/17
(West 1994).
Therefore, on remand the trial court must conduct a factual
inquiry into whether plaintiff has paid the bills and is seeking
reimbursement. If plaintiff has not paid the bills, then this
cause of action belongs to the hospital. If the hospital has been
paid, then the court needs to determine the relative ability of
plaintiff to pay the bills, either personally or through insurance
or other benefit programs. The state of the record at the time the
trial court entered summary judgment for plaintiff did not entitle
plaintiff to a judgment as a matter of law. Material issues of
fact remained to be resolved before the trial court could determine
whether plaintiff had any right to recover from defendant.
Therefore, we reverse the trial court's order and remand the cause
for further proceedings.
The judgment of the circuit court of Stephenson County is
reversed, and the cause is remanded for further proceedings
consistent with this opinion.
Reversed and remanded.
INGLIS and THOMAS, JJ., concur.
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