Dezma Gonerway v. Advanced Medical Optics, Inc.

A [Fl RNI ; Opinion issued Fehnaar 14, 2013. In ihe tuirt tif 1LilL5 .Fift1i thtrttt uf rxas at Ja11a6 No. 05-l1-01524-CV 1)FZNIA CONERWAY, Appellant V. CORRECTIONS CORPORATION OF AMERICA, Appdllee On Appeal from the 193rd Judicial District Court Dallas County, Texas Trial Court Cause No. DC—i I—12407—L’ OPINION Bet’orc Justices FitzGerald, Fillmore, and Richter 2 Opinion By Justice Fillmore Appellant Dezma Gonerway appeals the trial court’s order granting summary judgment in favor ot appellee Corrections Corporation ol’ America (CCJ\). In three issues, Gonerway contends the trial court erred by denying her motion for continuance of the hearing of CCA’s motion for summary judgment and by granting summary judgment in favor of CCA, We affirm the trial court’s judgment. This case was assigned cause number DC- - 2107-L by a September21. 20 I I order of ses crance from cause number DC-OX-IS 5 -L. 2 Ehe Iionoi iblc Mitin E Richlcr Rctiicd Justice court ofAppeIs Fifth District of Fex is it D’sII is sitting by assignment Background The record indicates that Gonerway’s fourth amended petition was the live pleading at the time the trial court granted summary judgment in favor of CCA. In that pleading, Gonerway sued CCA, the UniversityofTexas Medical Branch at Galveston (UTML3), Chong’s Beauty Supply. Theg. inc. (Theg), and R.Ol International Corporation (ROl). Gonerway asserted claims of negligence and gross negligence against CCA. 3 According to (ioncrway’s pleading, on or about October 2006. she was an inmate in the Daivson State Jail (Dawson), a private correctional facility operated and/or administered by CCA under a contract with the Texas Department of Criminal Justice (TDCJ). UTMB “administered the medical program” at Dawson. While in the “exclusive custody and control ofCCA” she ‘developed a severe eye infection which required urgent, emergency medical treatment,” and after a delay of several days, she was admitted to Parkland Hospital for medical treatment. Gonerway alleged CCA and UTMB breached their non-delegable duty to insure that she received proper and timely medical care during her incarceration, and their negligence and gross negligence in failing to provide adequate emergency medical care proximately caused her eye injury. Gonerway further alleged CCA was “negligent and grossly negligent in failing to follow their own, and [TDCJ] regulation” by allowing Gonerway to wear non-corrective, cosmetic contact lenses, which proximately caused or contributed to her injuries and damages. CCA filed a combined traditional and no-evidence motion for summary judgment and a supplement thereto. See TEX. it Civ. P. l66a(c), (i). By order signed July 18,2011, the trial court granted summaryjudgment in favor ofCCA. By subsequent order, Gonerway’s claims against CCA Although in huappdlntc briefGonenvay assails she nttcgcd a breach of contract claim against CCA, there is no allegation ofa breach of contract claim against CCA in Gonerway’s pleading. —2— were severed into a separate cause olaction. .Scc I \. R (‘Iv. P. 4 I (“Any claim auanst a party may he severed and proceeded with separaIely.”) Lcpu/ni t’. ( ‘hi/drcii s 1I(’d. Ctr. o/ 1)allus. 7 S.W.3d 67 SO (1 \ \pp Dali i 00U no pu ) (II iii judct.. in n sinn in oidLi st u inc i p n t caust. oi action, or issue, thereby rendering otherwise interlocutory summary judgment final). The trial court signed the final judgment in the severed action dismissing (ionerway’s claims against CCA with prejudice. (ionerway filed this appeal of the summary judgment granted in favor of CCA. Motion br Continuance or Abatement in her fIrst issue. Gonerwa contends the trial court erred by fiuiling to grant a continuance ot”the hearing and decision’ on (CA’s motion for traditional and noevidenee sulnlnary)udgment. On June 1, 2011, Gonerway filed her motion for continuance or abatement of proceedings, According to her motion, Gonerway’s husband informed her attorney that Gonerway had been re confined tojail. (ionerway moved to have all proceedings continued until herjail sentence had been served. (jonerway alternatively moved to continue or abate proceedings until Theg and kOl, named as defendants in Gonerway’s January 19, 2() II ft)urth amended petition, had been served with citation. As a prerequisite to presenting a complaint lbr appellate review, the record must show the complaint was made to the trial court by a timely request, objection, or motion, and the trial court (1) ruled on the request, objection, or motion, either expressly or implicitly, or (2) refused to rule on the request, objection, or motion, and the complaining party objected to the refusal. TEx. R. App. P. 33.1(a). Here, although Gonerway states in her first issue that the trial court denied her motion In her initial notice of appeal, Gonerwav indicated she was appealing the trial court’s order of severance. In her seCond notice of appeal. Gonerway appealed the summary judgment granted in favor of CCA. The first appeal, No. O5 II O I 452-CV, was consolidated in this appeal. Gonerway’s appellate brief contains no argument concerning the propriety of the severance. At oral submission, Gonerway’s counsel acknowledged that Gonerway had agreed to the severance and she was not asserting on appeal that the trial court erred in granting the severance of Gonerway’s claims against CCA. for continuance or abatement, the record does not show the trial court ruled on the motion, The record does not show (ionerway called her motion to the attention of the trial coUrt. Moreover, even if the trial court refused to rule on Gonerway’s motion, which is not reflected in the record, there is nothing in the record to show Gonerway objected to such a refusal. Therefore, Gonerway has failed to preserve this issue for our review. See TEx. R. APP. P. 33 1(a) JJzghtoiu v Bailoi Unn Med Ct, 251 SW 3d 218, 224—25 (Icx App —Dallas 2008 pet. struck); see also Mitchell v. Bank ojArn., iVA., 156 S.W.3d 622, 626 (Tex. App.—Dalias 2004, pet. denied) (party who failed to obtain ruling from trial court on motion for jury trial continuance failed to preserve error); Washington v. Tyler Indep. Sch. Dist., 932 S.W.2d 686, 690 (Tex. App.—Tyler 1996, no writ) (party’s failure to obtain written ruling on motion for continuance of summary judgment hearing waived any error). Accordingly, we resolve Gonerway’s first issue against her. See Vela v. Manning, 314 S.W.3d 693, 694 (Tex. App.—Dallas 2010, pet. denied); Hightower, 251 S.W.3d at 224—25. Summary Judgment In her second issue, Gonerway contends the trial court erred by granting summary judgment in favor of CCA. In her third issue, Gonerway argues the trial court erred by granting CCA summary judgment because she raised and “supported” genuine issues of material fact. The standards ofreview for traditional and no-evidence summary judgments are well known. See Timpteindus., Inc. v. Gish, 286 S.W.3d 306, 310 (Tex. 2009); Nixon v. Mr. Prop. Mgmt. Co., 690 S.W.2d 546, 548 (Tex.1985). With respect to a traditional motion for summary judgment, the movant has the burden to demonstrate that no genuine issue of material fact exists and she is entitled to judgment as a matter of law. See TEx. R. Civ. P. 166a(c); Nixon, 690 S.W.2d at 548—49. We review a no-evidence summary judgment under the same legal sufficiency standard used to review -4- a directed verdict, (Jish, 286 S.W.3d at 310; see also Tux. R. Civ, P. 1 66a(i). To defeat a no- evidence summary judgment, the non—movant is required to produce evidence that raises a genuine issue of material fact on each challenged element of its claim. Gish, 286 S.W.3d at 310; see also TEx. R. Civ. P. l66a(i). In reviewing both a traditional and a no—evidence summary judgment, we review the evidence in the light most favorable to the non—movant. Smith v. 0 73onnell, 288 S.W,3d 417,424 (Tex. 2009); 20801, inc. v. Parker, 249 S.W.3d 392, 399 (Tex. 2008). We credit evidence favorable to the non-movant if reasonable jurors could, and we disregard contrary evidence unless reasonable jurors could not. Mann Frankjört Stein & Lipp Advisors, Inc. v. Fielding, 289 S.W.3d 844, 848 (Tex. 2009); Gish, 286 S.W.3d at 310. Every reasonable inference must be indulged in favor of the non-movant and any doubts resolved in her favor. City of Keller v. Wilson, 168 S.W.3d 802, 824 (Tex. 2005). Where, as here, a party moves for summary judgment on multiple grounds and the trial court’s order granting summary judgment does not specify the ground or grounds on which it was based, the party appealing that order must negate all possible grounds upon which the order could have been granted. See Star—Telegram, Inc. v. Doe, 915 S.W,2d 471, 473 (Tex.1995); Jarvis v. Rocanville Corp., 298 S.W.3d 305, 313 (Tex. App.—Dallas 2009, pet. denied). We must affirm the summary judgment if any of the summary judgment grounds are meritorious. Joe v. Two Thirty Nine Joint Venture, 145 S.W.3d 150, 157 (Tex.2004). Gonerway alleged CCA was negligent and grossly negligent. According to Gonerway, CCA owed her a duty to insure she received proper and timely medical care during her incarceration and CCA breached that duty by failing to provide emergency medical care, proximately causing permanent and disabling injuries. Gonerway also alleged CCA failed to follow its own and TDCJ’s regulation by allowing Gonerway to wear non-corrective, cosmetic contact lenses, which proximately caused or conthbuted to her injuries. Finally, (ionerway alleged CCA’s breach of duty was made eonsciously, willfully, wantonly, and with gross lack of regard for Gonerway’s condition. In its traditional motion for summary judgment, CCA asserted (I) it had no duty to provide medical care to Cionerway, (2) to the extent CCA had a duty to notify medical personnel when an inmate was in need of emergency medical attention, it fulfilled that duty and (3) because Gonerway’s ordinary negligence claim fails as a matter of law, her gross negligence claim must also Ibil. In its no-evidence motion for summary judgment, CCA asserted Gonerway has no competent summaryjudgment evidence that (1) CCA owed Gonerway a duty to provide medical care, (2) CCA breached any alleged duty to provide medical care or timely address her requests for medical attention, (3) any alleged breach of duty proximately caused injury to Gonerway, (4) CCA acted or failed to act in a situation involving an extreme degree of risk, or (5) CCA had actual, subjective awareness of the alleged risk involved, but nevertheless, proceeded in conscious indifference to Gonerway’s rights. When a party moves for a traditional summaryjudgment under nile l66a(c) and a no-evidence motion for summary judgment under rule I 66a(i), we first review the trial court’s judgment under the standards of rule l66a(i). AKB Hendrick, LP v. Musgrave Enters., Inc.. 380 S.W.3d 221,230—31 (‘rex. App.—Dallas 2012, no pet). The elements of a negligence cause of action are a duty, a breach of that duty, and damages proximately caused by the breach of duty. Doe v. Boys Club of Greater Dallas. Inc., 907 S.W.2d 472,477 (rex. 1995). The threshold inquiry in a negligence case is whether the defendant owes a legal dutyto the plaintiff. CenteqRealty, Inc. v. Siegler, 899 S.W.2d 195,197 (Tex.1995). Wbether a duty exists is a question of law for the court Tat Home MgmL, Inc. v. Peavy, 89 S.W.3d 30,33 (Tex. 2002). -6- Once ( ‘C/\ tiled its noevidenee motion fllr summary judgment. the burden shifted to (oncrwav to present evidence nusing a genuine ssue nt material tact as to whether (‘CA had a duty to provide emergency medical care to (i mciwav .Si’’ :llack 1*ucks. Inc. m’ !thncz, 206 S,W.3d 572. 5<2 (1 cx. 2006 (once no—evidence motion br summary judament is tiled, the burden shills to nonmoving party to present evidence raising tii siie of material fact as to elements specified in the motion); see also TEx. R. Civ, P. 166a(i) (to rebate no—evidence motion bar summary judgment, nonmovant required to produce “summary judgment evidence raising a genuine issue of material fact”). Alleged Duty to Pro ride Medical cure Gonerway alleged she was incarcerated at Dawson, a private correctional facility operated and/or administered hy (‘CA. undera contract with TDCJ (the Dawson Contract). (ionerwav turther alleged UTMB administered tile medical program at Dawson. I lowever, Gonerway relied on tile following portion of the [)awson Contract as summary judgment evidence in responding to CCA ‘s claim in its motions br traditional and no—evidence summary judgment tilat it had no duty to provide emergency medical care to Gonerway: TDCJ will contract with the Correctional Managed Health Care Committee (CMHCC) to provide complete health care services including medical, dental, mental health, pharmaceutical, medical records, emergency care, and sick call services for offenders assigned to [Dawson). [CCAj shall be responsible for working cooperatively with the CMHCC’s designated health care staff to ensure the effective operation of the llealth care program at [Dawsonj. The TDCJ Division Director for Health Services will be the final authority in the event of a disagreement between [CCA] and CM FIC’C ‘s health care stati relating to the delivery of healtll care services. [CCA] will be responsible for providing security, general housekeeping and facility nlal ntcnailce !fl tile Illedical area of [Dawson]. Gonerway argued the contractual language stating that any disagreement between CCA and tile medical provider relating to the delivery of health care services connotes CCA has tile authority to question the level of medical care provided to an inmate, and this is evidence CL’A has a duty to provide medical care to a Dawson inmate. “When the evidcnce offered to prove a vital fact is so weak as to do no more than create a mere surmise or suspicion of its existence, the evidence is no more than a scintilla and, in legal effect, is no evidence.” Kindred v. Con/Client, Inc. 650 S.W.2d 61,63 (‘rex. 1983). Conversely, more than a scintilla exists when the evidence “rises to a level that would enable reasonable and fair- minded people to differ in their conclusions.” Transp. Ins. Ca v. Moriel, 879 S.W.2d 10,25 (Tn. 1994). In reviewing this summary judgment evidence in the light most fhvorable to Gonerway, we conclude the evidence does no more than create a mere sunnise or suspicion that CCA had a duty to provide medical care to Gonerway as an inmate at Dawson. Because Gonerway did not meet her burden under rule I 66a(i), the trial court did not err in granting summaryjudgment in flivor ofCCA. However, even assuming the language of the Dawson Contract relied upon by (onerway constituted more than a scintilla of evidence that CCA had a duty to provide medical care to Gonerway, we conclude CCA satisfied its burden to establish that no genuine issue ofmaterial fact exists and CCA was entitled tojudgment as a matter oflaw under its motion for traditional summary judgment See ‘ftx. R. Civ. P. 166a(e); City ofHouston v. Clear Creek Basin Auth., 589 S.W.2d 671,678 (Tex. 1979) (movant must establish his entitlement to a summary judgment on the issues expressly presented to the trial court by conclusively proving all essential elements of his cause of action or defense as a matter of law); see also Provident Ljfe & Accident Ins. Ca v. Knott, 128 S.W.3d 211, 215 (Ta. 2003) (we review trial court’s grant of traditional motion for summary judgment de novo). In addition to portions of the Dawson Contract, CCA relied upon the affidavit of Erica Russell as evidence in support of its motion for traditional summaryjudgment. By affidavit, Russell -8- attested she had heen emploYed by CCA and orked at Dawson since 2004. and was employed as a Public In flnuation ( )t fleer at the time otcxccntn her aitidavit. At the time of (tonerwa s 200(-t incarcerat on at Dawson. Russell was employed as a Case Manager and her ‘responsibilities included inmates who vere housed on the tenth hour” oh’ Dawson where (onerwav was housed. In her affidavit, 1< ussel I attested that as Case Manaecr and l’ublic Information ( )flicer, she has personal knowledge of the Dawson Contract. Russell indicated that since January 2004, CCA has managed Dawson in accordance with the terms of the l)awson Contract. Russell attested CCA does not provide medical services to Dawson inmates and does not employ any ofthe nurses, doctors, or other medical staff who work at Dawson. Pursuant to the Dawson Contract, TDCJ contracts with CMHCC “to provide complete health care services” to Dawson inmates, and LiTMI3 has provided medical services to Dawson inmates since (CA began managing [)awson in 2004. The summary judgment proof established that TI)CJ contracted with CMHCC to provide medical care to Dawson inmates. According to Gonerwav’s pleadings and the summary judgment evidence, UTM H provided the medical care to Dawson inmates at all relevant times. We conclude CCA established as a matter of law that it did not have a duty to provide medical care to Gonerway, thereby entitling CCA to judgment on Gonerway’s allegation it was negligent for failing to provide her emergency medical care. We conclude the trial court did not err in granting summary judgment infavorofCCA on this negligenceclaim. See Clear CreekBasinAuth., 589 S.W.2dat678;seeaLo Lear Siegler. Inc. v. f’ere, 819 S.W.2cl 470, 471 (Tex. 1991) (for defendant to be entitled to CC\ initially relied upon the affidavit of Rolanda \Vinficld iii support of its motion for sumtnary judgtnent. Winfield served as the assistant warden at Dawson. ‘nor to that. Winfield was ChiefofSeciintv at Daivson forpart of2007 and 2005. Gonetvav’s causes ofaction against C’(’z\ were alleged to has c accrued in 2006. Gonerwav moved to strike portiotis of Winfield’s affidavit as inadmissible hearsay because Winuield did not explain how she had personal knowledge of matters prior to 2007. Th record contains no ruling on (ionerwav’s motion to strike portions of Winfield’s affidavit Subsequent to (ionersvay’s motion to strike that summary idgment evidence, CCA filed Russell’s affidavit as sutntnary judgment evidence itt which Russell attested to the same flatters as \Vinfield, and the record contains no objection or motion to strike Russell’s affidavit by C;onerwiv. summary judgment, it must disprove as a matter of law one ot the essential elements of each of plaintiff’s causes of action). Alleged Duty to (ornply With Regulation (ionerway further alleged that by allowing her to wear non-corrective, cosmetic contact lenses, CCA was negligent in failing to follow its own and TDCJ’s “regulation,” which proximately caused or contributed to Gonerway’s injuries and damages. in its traditional and no-evidence motion for summary judgment, CCA asserted there was no evidence of a duty owed to Gonerway by CCA, a breach of an alleged duty by CCA, or that a breach by CCA of an alleged duty to Gonerway caused her injuries or damages. In response to CCA’s no-evidence motion for summary judgment, Gonerway relied on the TDCJ Offender Orientation Handbook provided to Gonerway at the time she was transferred to Dawson, That orientation handbook provides: Newly-received offenders are permitted to bring the following items:. b. Health Care Devices and supplies, medically prescribed items will be evaluated by TDCJ Health Services staff, contact lenses shall be allowed only until state-issued eyeglasses are provided to the offender. However, the orientation handbook is that of TDCJ, not CCA. Moreover, the orientation handbook provides that health care devices and supplies will be evaluated by TDCJ Health Services staff, not CCA. A review of the record shows Gonerway did not present any competent summary judgment evidence in response to CCA’s no-evidence motion for summary judgment raising a genuine issue of material fact on the allegation CCA failed to follow its own “regulation.” 6 Further, Gonerway produced no competent summary judgment evidence that CCA had an obligation to 6 Indeed, Gonevay did not argue in her response to CCA’s motion for traditional and no-evidence summai judgment that CCA failed to adhere to its own “regulation” Instead, Gonerway argued that “CCA, contrary to TDCJ regulations. pemiitted [hen to wear the Contact lenses,” —10— implement the provision of the TDCJ Offender Orientation Handbook upon which she relies, 7 While we take as true all evidence favorable to the nonmovant and indulge reasonable iniCrences and resolve doubts in the nonmovant’s favor, (ionerway did not meet her summary judgment burden undu rift. I 66a(i) 5cc fronl Moto, Co r l?’dguar, 135 S W 3d 598, 600 (1 e 2004) (under rule 166a(i), nonmovant must produce summary judgment evidence raising a genuine issue of material fact to defeat summary judgment under that provision, and genuine issue of material fact exists if more than a scintilla of evidence establishing the existence of the challenged element is produced). Because Gonerway did not meet her burden under rule 1 66a(i), we conclude the trial court did not err in granting summary judgment in favor of CCA on Gonerway’s claim that CCA was negligent in allegedly failing to follow its own “regulation,” or the “regulation” of TDCJ. Alleged Duty to iVorif.’ Medical Personnel Gonerway alleged that CCA owed her a duty to insure she received proper and timely medical care. Gonerway alleged this duty was breached because CCA failed to provide emergency medical care. Even ifGonerway’s allegations could be broadly construed to include a complaint that CCA had a duty to notifj’ medical personnel when it became aware of her condition and breached that duty, her complaint cannot survive CCA’s no-evidence motion for summary judgment. Portions of Gonerway’s deposition testimony transcript were attached to CCA’s motion for traditional and no-evidence summary judgment. Gonerway testified that on the morning of October 4, 2006, the first full day of her incarceration at Dawson, she placed a contact lens in her right eye We note that in Russell’s affidavit, she attested: The TDCJ Offender Operation Handbook addresses inmates wearing contact lenses. CCA is not responsible for assessing whether inmates are wearing contact lenses. Instead, that is done by TDCJ during initial intake. Because inmate Gonerway arrived from another TDCJ facility, the Woodman State Jail, her initial intake interview was done by Woodman and not Dawson. If I)ezma Gonerway had been questioned about contact lens use at Dawson, that questioning or evaluation would have been done by medical personnel who are not CCA employees. CCA employees do not have the responsibility for dcterminmg whether inmates are wearing contact lenses or providing them with eye glasses. —Il— and imniediately felt pain. According to (ionerway. other inmates were aware ofher discomlbrt and alerted the “picket officer” that medical attention was necessary to address (3onerway’s pain. Gonerway testified that the “picket officer” contacted “medical” with a “code blue,” an emergency code, and two nurses arrived within twenty to thirty minutes. The nurses placed (Jonerway in a wheelchair and took her to the medical clinic on the second floor of the Dawson thcility. The nurses treated Gonerway’s eye and returned her to her dorm. Gonerway testified that later that same day, a fellow inmate helped her write a request to be seen by a doctor on a form described as an “1-60,” and the form was deposited in the “sick call box.” Gonerway was taken to the medical clinic at the Dawson facility for follow-up observation and treatment by nursing staff three times on October 5. (3onerway continued to place “1-60” forms in the sick call box and was observed and treated by nursing staff three times a day on October 6, October 7, and October 8. During Gonerway’s visit to the Dawson medical clinic on October 9, she was seen by an opthalmologist, who arranged for Gonerway to be transferred to Parkland Hospital for further treatment Gonerway provided legally insufficient evidence that CCA did not promptly notifr medical personnel of her requests for medical treatment In lict the evidence supplied by Gonerway indicates the opposite. On the day Gonerway first experienced pain in her right eye, the “picket officer” responded immediatelyby initiating a “code blue” request for medical treatment. Gonerway was taken to the medical clinic at Dawson within twenty to thirty minutes after the “code blue” notification was made. Gonerway testified that she was taken to the medical clinic at Dawson for observation and freatment three times a day each of the next four days, and was transferred to Parkland Hospital on the sixth day. Assuming, without deciding, that Gonerway has alleged a duty on the part ofCCA to notil& medical personnel ofthe pain in her right eye and that such a legal duty —12-- cx ists (;Cnerwav has tailed to produce more than a scintilla ol evidence that the duty as breached by (‘(‘A Ridr’wu’. I 35 S.W 3d at (IOU. Because (ioncrway did not meet her burden under rule I (iCa( i), the trial court did not err in granting summary )udgment in favor of CC’A. Alleged Gross Vegizgence (Jonerway alleged that CCA ‘s breaches of duty “were made consciously, willfully, wantonly, and with gross disregard for [herj physical and emotional condition,” constituting gross negligence that proximately caused her injuries. Other than in workers compensation cases in which exemplary damages are sought ftr the death of an employee covered by’ workers compensation insurance, see Wright v. (Ji//ordJIjIl & Co., 725 S.W.2d 712, 714 (‘l’ex. I 97). a finding of ordinary negligence is a prerequisite to a finding of gross negligence. See FirstAssemhlv of God, Inc. v. Thx. Utilities Lice. Co., 52 S.W.3d 482, 494 (Tex. App.—Dallas 2001, no pet.) (although gross negligence refers to a clitlerent character of conduct than ordinary negligence, one cannot he grossly negligent without being negligent). Because we have concluded (ionerway’s negligence claims against CCA must fail. it follows that Gonerway’s claims that (‘CA was grossly negligent also must fijI. See id. Accordingly, we conclude the trial court did not err in granting summary judgment in favor ofCCA on Gonerway’s gross negligence claims. We resolve Gonerway’s second and third issues against her, Conclusion Having concluded the trial court did not err in granting summaryjudgment in flivor of CCA, we affirm the trial court’s judgment. ROBERT M. FILLMORE JUSTICE ii 1524F.P05 L11Itt øf Aiah 3Tiftt! OhürItt tif xa at Oa1ta JUDGMENT [)EZMA GONERWAY, Appellant Appeal from the 193rd Judicial District Court of Dallas County, Texas. (Tr.Ct.No. DC-Il No. 05-I l-01524-CV V. I 2407-L). Opinion delivered by Justice Fillmore, CORRECTIONS CORPORATION OF Justices FitzGerald and Richter participating. AMERICA. Appellee In accordance with this Court’s opinion of this date, the judgment of the trial court is AFFIRMED. It is ORDERED that appellee Corrections Corporation of America recover its costs of this appeal from appellant Dezma Gonerway. Judgment entered February 14, 2013. ROBERT M. FILLMORE JUSTICE