REBECCA B. SMITH, United States District Judge;
Pursuant to the court's opinion of February 22, 2002, Sentara Virginia Beach General Hospital ("SVBGH") has submitted no further evidence in regard to the issue raised by its Motion for Summary Judgment, namely that June C. LeBeau, as the spouse of Ernest R. LeBeau, is individually liable for his medical bills totaling $241,193.85, incurred for services provided by SVBGH on May 12, 1999, and for the period of May 28 to July 8, 1999. For the reasons set forth in the court's opinion of February 22, 2002, the court hereby GRANTS summary judgment in favor of Mrs. LeBeau in her individual capacity for all liability for the aforesaid services because they do not qualify as "emergency medical care" under Virginia Code § 8.01-220.2.
Accordingly, the Clerk shall enter judgment for Mrs. LeBeau in her individual capacity for any liability under Virginia Code § 8.01-220.2. The Clerk is also directed to forward a copy of this order to all counsel of record.
The Motion for Summary Judgment before the court was based, submitted, briefed, and decided solely on the issue of liability under Virginia Code § 8.01-220.2. The court did not address SVBGH's theory of recovery under Virginia's common law doctrine of necessaries, codified in Va. Code Ann. § 55-37 (Michie 2000) (common law doctrine of necessaries made equally applicable to both spouses on July 1, 1984), as the issue was never raised in the Motion for Summary Judgment. SVBGH did raise this basis of recovery in its original complaint (Motion for Judgment originally filed in state court), and retains the ability to present evidence and argument on this theory of liability at trial.
IT IS SO ORDERED.