Cormier
v.
Dep't of Health & Hosps.

STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUITSep 13, 2018
NO. 2018 CW 1224 (La. Ct. App. Sep. 13, 2018)

NO. 2018 CW 1224

09-13-2018

SARAH CORMIER v. DEPARTMENT OF HEALTH AND HOSPITALS; OFFICE OF PUBLIC HEALTH; AND MAISON DE LAFAYETTE, AND BILLY JOE ROSSON, JR., M.D.


In Re: Department of Health and Hospitals, Office of Public Health, Lafayette Parish, Office of Public Health, Vermilion Parish, Billy Joe Rosson, Jr., M.D., and State of Louisiana, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 577658. BEFORE: PETTIGREW, WELCH, AND CHUTZ, JJ.

WRIT GRANTED IN PART, DENIED IN PART. With regard to the motion for partial summary judgment filed by plaintiff, Sarah Cormier, we find that a genuine issue of material fact exists as to the standard of care and breach thereof. See La. Code Civ. P. art. 966(A)(1). The trial court's August 22, 2018 judgment that granted plaintiff's motion for partial summary judgment is reversed, and plaintiff's motion for partial summary judgment is denied.

With regard to the motion in limine filed by plaintiff, Sarah Cormier, we find that the trial court abused its discretion in granting the motion and finding inadmissible the following portion of the Medical Review Panel opinion: "While it is unfortunate that this patient developed liver disease requiring transplantation, it is the opinion of this panel there is no evidence of breach of standard of care." The trial court's August 22, 2018 judgment that granted plaintiff's motion in limine is reversed in part, and the motion in limine is denied as to the foregoing portion of the Medical Review Panel opinion. See McGlothlin v. Christus St. Patrick Hosp., 2010-2775 (La. 7/1/11), 65 So.3d 1218, 1229. The writ application is denied in all other respects.

JTP

JEW

WRC

COURT OF APPEAL, FIRST CIRCUIT /s/_________


DEPUTY CLERK OF COURT


FOR THE COURT