Testo completo
*Pursuant to 5TH CIR. R. 47.5, the Court has determined that
this opinion should not be published and is not precedent except
under the limited circumstances set forth in 5TH CIR. R. 47.5.4.
United States Court of Appeals
Fifth Circuit
F I L E D
September 23, 2004
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 04-40318
Summary Calendar
JANICE STOKER,
Plaintiff-Appellant,
versus
COLUMBIA MAINLAND MEDICAL CENTER/
HCA HEALTHCARE CORPORATION,
Defendant-Appellee.
__________________________________________________
Appeal from the United States District Court
for the Southern District of Texas
USDC No. G-03-CV-139
Before REAVLEY, WIENER and BENAVIDES, Circuit Judges.
PER CURIAM:*
The judgment of the district court is affirmed for the
reasons given by Judge Kent in his order of February 12, 2004. A
review of the record and appellant’s argument establishes:
1. Defendant’s plan was followed by Mainland in the
termination of benefits. Because Ms. Stoker’s injury
occurred at her place of employment and under the
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circumstances on March 15, 2000, the visit to Dr. Nedry was
not an emergency.
2. The terms of the separate plan, applying to
injuries not covered by the plan the subject of this action,
are irrelevant.
3. There is no evidence of conflict of interest, nor
public policy infirmity. No second opinion was denied.
AFFIRMED
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