Jennie Walsh v. Landmark of Baton Rouge, LLC Dr. William Patrick Gahan, and Corinne K. Rougeau ( 2023 )

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT
JENNIE WALSH NO. 2022 CW 1262
VERSUS
LANDMARK OF BATON ROUGE,
LLC, DR. WILLIAM PATRICK
GAHAN, AND CORINNE K. MAY 17, 2023
ROULEAU
In Re: Dr. William Gahan, applying for supervisory writs,
19th Judicial District Court, Parish of East Baton
Rouge, No. 700506.
BEFORE: MCCLENDON, HOLDRIDGE, AND GREENE, JJ.
WRIT GRANTED. The trial court' s September 26, 2022
judgment, denied the Motion for Judgment
which
Summary filed by
defendant, Dr. William Patrick Gahan, is reversed. After
conducting a cle novo reg lew, we find that Dr. Gahan has met his
burden of pointing out to the court the absence of factual
support for one or more elements essential to the plaintiffs'
medical malpractice claims, as plaintiffs, Jennie Walsh
ndividUally and on behalf of_ her deceased mother, Genevieve
Brister, have failed to produce expert medical testimony in
support of them claims. S e La. R. S. 9: 2794; Samaha v. Rau,
2007- 1. 726 ( La. 2/ 26/ 08) 1-
977 So. 2d 880. We further find this is
not a case of obvious negligence that requires no expert
testimony to demonstrate the physician' s fault, and Dr. Gahan
has not testified as to the standard of care and his breach
thereof. , See e. g. Pfiffner v. Correa, 94- 0924 ( La. 10/ 17/ 94),
643 So. 2d 1228, 1233- 34. Therefore, we find that plaintiffs
will be unable to satisfy their evidentiary burden of proof at
trial. Accordingly, the Motion for ,Summary Judgment filed by
defendant, Dr. William Patrick Gahan., is granted, and the claims
of plaintiffs, Jenn4ie Walsh indiv;ldually and on behalf of her
deceased mother, Genevieve Brister, against defendant, Dr.
William Patrick Gahan, are dismissed with prejudice.
PMC
GH
HG
COURT OF APPEAL, FIRST CIRCUIT
DPU CLERK OF COURT
FOR THE COURT