CHRISTUS Health D/B/A Uniform Services Family Health Plan v. Quality Infusion Care, Inc.
2011 Tex. App. LEXIS 9640
| Tex. App. | 2011Background
- Christus Health d/b/a Uniform Services Family Health Plan manages a TRICARE network; Quality Infusion provided non-network infusion services to Christus patients.
- Christus sometimes paid Quality’s invoices and sometimes denied others based on plan authorization requirements.
- Quality sued for unpaid charges, asserting breach of the medical plan or, alternatively, quantum meruit recovery.
- Jury found Christus failed to pay but was excused due to Quality’s prior noncompliance; jury awarded Quality $225,000 for quantum meruit.
- Trial court entered judgment on quantum meruit; Christus appealed asserting express contract precludes quantum meruit and that the evidence doesn’t show acceptance of services.
- On rehearing, court held express contract bar precludes quantum meruit; reversed and rendered for Quality take nothing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does an express contract bar quantum meruit here? | Quality argues no bar since no contract covered services by Quality. | Christus argues an express contract covers the services; quantum meruit unavailable. | Yes; express contract bars quantum meruit. |
| Did jury findings preclude the exceptions to the express-contract bar? | Quality asserts exceptions apply because partial performance or unilateral contract could permit recovery. | Christus argues jury findings show breach and excusal, defeating exceptions. | Yes; findings show breach and no acceptance, precluding exceptions. |
Key Cases Cited
- Fortune Prod. Co. v. Conoco, Inc., 52 S.W.3d 671 (Tex. 2000) (express contract precludes quantum meruit when contract covers the subject)
- Pepi v. Galliford, 254 S.W.3d 457 (Tex. App.—Houston [1st Dist.] 2007) (express contract bar; exceptions not applicable here)
- Woodard v. Sw. States, Inc., 384 S.W.2d 674 (Tex. 1964) (recovery inconsistent with express contract)
- Heldenfels Bros., Inc. v. Corpus Christi, 832 S.W.2d 39 (Tex. 1992) (unjust enrichment requires contract-free recovery; express contract bar applies)
- Truly v. Truly Construction, 744 S.W.2d 937 (Tex. 1988) (unilateral/uncompleted contracts; contractor recovery limited)
- W&W Oil Co. v. Capps, 784 S.W.2d 536 (Tex. App.—Tyler 1990) (express contract bar to quantum meruit against third party beneficiary)