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Gomez v. Innocent

The trial court improperly dismissed the plaintiff's case for failure to state a claim without first giving the plaintiff notice, hearing and an opportunity to present evidence in his lawsuit against a veterinarian and an animal hospital in a dispute over medical bills and boarding costs for his dog.

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Josh Gomez sued PetFirst Animal Hospital, Inc. and veterinarian Garry Innocent in a dispute over medical bills and boarding costs for Gomez’s dog. He appeals from orders in which the trial court stated that it was granting summary judgment to Innocent and dismissing Gomez’s action for failure to state a claim upon which relief may be granted.1 For the reasons that follow, we reverse in part, vacate in part, and remand the case with direction.

The facts show that Gomez took his dog, Pilot, to PetFirst during the late night and early morning hours of August 26 and 27, 2007, because the dog was lethargic and throwing up. Innocent diagnosed the dog with a virus that could have killed Pilot if it remained untreated. Innocent gave Gomez an estimate of $1,453.25 for the dog’s care. PetFirst required full payment up front, but because Gomez was unable to pay, Innocent agreed to accept $400 for that night’s care, and Gomez’s then-girlfriend paid the bill. Gomez left the dog for the night, then telephoned on August 27, 2007, when an employee told him he owed an additional $751.25. Neither the employee nor Gomez addressed whether there would be further charges. Gomez paid the $751.25 on August 28, 2007, after getting some of the funds as an advance from his employer. He returned on August 29, 2007, to pick up the dog. After he put the dog in his car, he was told he owed an additional $484.80. He believed that his bill had been satisfied by the prior payment, even though the dog had remained at the facility for an additional day. He neither objected to nor identified any inaccurate charges. Because Gomez was unable to pay the $484.80, Innocent asked him to leave the dog at PetFirst until the bill was paid, and Gomez did. After the dog had been at PetFirst for 20 days, a “Good Samaritan” paid the dog’s accrued bill of $972.

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