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

Opinion

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