Martha Jane Guichard and Nicholas Guichard v. Gerard J. Gianoli, M.D., Hospital Service District 1 of Tangipahoa Parish d/b/a North Oaks Medical Center

Louisiana Court of Appeal

Martha Jane Guichard and Nicholas Guichard v. Gerard J. Gianoli, M.D., Hospital Service District 1 of Tangipahoa Parish d/b/a North Oaks Medical Center

DecidedMay 3, 2023

Docket2023CW0125

StatusUnknown

This text of Martha Jane Guichard and Nicholas Guichard v. Gerard J. Gianoli, M.D., Hospital Service District 1 of Tangipahoa Parish d/b/a North Oaks Medical Center (Martha Jane Guichard and Nicholas Guichard v. Gerard J. Gianoli, M.D., Hospital Service District 1 of Tangipahoa Parish d/b/a North Oaks Medical Center) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Martha Jane Guichard and Nicholas Guichard v. Gerard J. Gianoli, M.D., Hospital Service District 1 of Tangipahoa Parish d/b/a North Oaks Medical Center, (La. Ct. App. 2023).

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Opinion

i

STATE OF LOUIS1IANA COURT OF APPEAL, Fl~ST CIRCUIT MARTHA JANE GUICHARD AND NO. 2023 CW 0125 NICHOLAS GUICHARD

VERSUS GERARD J. GIANOLI, M.D., MAY 3, 2023 HOSPITAL SERVICE DISTRICT #1 OF TANGIPAHOA PARISH D/B/A NORTH OAKS MEDICAL CENTER,

In Re: Martha Jane Guichard, applyirilg for supervisory writs, 21st Judicial District Court, Parish of Tangipahoa, No. 20190000472.

BEFORE: WELCH, PENZATO, LANIER, WOLFE; AND GREENE, JJ. I

WRIT GRANTED IN PART AND DENIED INI PART. We hereby reverse in part the trial court's December 14 ,I 2022 order that ordered the disclosure of the documents revieweti by in camera inspection to defendants, Norian Corporation and D~puy Synthes Sales, Inc. We find the trial court abused its di scretion in ordering the 1

production of emails exchanged betweeijl counsel for plaintiff, Martha Jane Guichard, and defencta9t, Gerald J. Gianoli (including all attachments and forwarded emails) because we find that a common interest privilege under La. Code Evict. art. 506 (B) (3) existed between plaintiff, Mkrtha Jane Guichard, and defendant, Gerald J. Gianoli. See stJ Bernard Port, Harbor & Terminal District v. Violet Dock Port, OCnc., LLC, 2017-0388 (La. App. 4th Cir. 4/18/18), 246 So.3d 23, 2V, writ denied, 2018-0826 (La. 9/21/18), 252 So.3d 917 and Turbin~ Generation Services LLC v. General Electric Co., 2020 WL 1 243539, *3-5 1 (W. D. La. 3/13/20) . We therefore maintain the 9ommon interest privilege over these documents, which are not subjfct to production.

JEW AHP HG

Lanier and Wolfe, JJ., dissent. Privileges are to be strictly interpreted. Smith v. LincolfD General Hospital, 605 So.2d 1347, 1348 (La. 1992) (per cur~am). We find that the trial court did not abuse its discretfon in its December 14, 2022 ruling, which ordered the disclosure of the documents pursuant to the discovery request fi led by the defendants, 1

Norian Corporation and Depuy Synthes Sales, Inc. Donelon v. Shilling, 2021-0703 (La. App. 1st dir. 4/12/22), 2022 WL 1090279, *3 (unpublished). According, lwe would deny the writ application. I

I COURT OF APPEAL, FIRST CIRCUIT I

DEPUTY CLERK OF COURT FOR THE COURT

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i

STATE OF LOUIS1IANA COURT OF APPEAL, Fl~ST CIRCUIT MARTHA JANE GUICHARD AND NO. 2023 CW 0125 NICHOLAS GUICHARD

VERSUS GERARD J. GIANOLI, M.D., MAY 3, 2023 HOSPITAL SERVICE DISTRICT #1 OF TANGIPAHOA PARISH D/B/A NORTH OAKS MEDICAL CENTER,

In Re: Martha Jane Guichard, applyirilg for supervisory writs, 21st Judicial District Court, Parish of Tangipahoa, No. 20190000472.

BEFORE: WELCH, PENZATO, LANIER, WOLFE; AND GREENE, JJ. I

WRIT GRANTED IN PART AND DENIED INI PART. We hereby reverse in part the trial court's December 14 ,I 2022 order that ordered the disclosure of the documents revieweti by in camera inspection to defendants, Norian Corporation and D~puy Synthes Sales, Inc. We find the trial court abused its di scretion in ordering the 1

production of emails exchanged betweeijl counsel for plaintiff, Martha Jane Guichard, and defencta9t, Gerald J. Gianoli (including all attachments and forwarded emails) because we find that a common interest privilege under La. Code Evict. art. 506 (B) (3) existed between plaintiff, Mkrtha Jane Guichard, and defendant, Gerald J. Gianoli. See stJ Bernard Port, Harbor & Terminal District v. Violet Dock Port, OCnc., LLC, 2017-0388 (La. App. 4th Cir. 4/18/18), 246 So.3d 23, 2V, writ denied, 2018-0826 (La. 9/21/18), 252 So.3d 917 and Turbin~ Generation Services LLC v. General Electric Co., 2020 WL 1 243539, *3-5 1 (W. D. La. 3/13/20) . We therefore maintain the 9ommon interest privilege over these documents, which are not subjfct to production.

JEW AHP HG

Lanier and Wolfe, JJ., dissent. Privileges are to be strictly interpreted. Smith v. LincolfD General Hospital, 605 So.2d 1347, 1348 (La. 1992) (per cur~am). We find that the trial court did not abuse its discretfon in its December 14, 2022 ruling, which ordered the disclosure of the documents pursuant to the discovery request fi led by the defendants, 1

Norian Corporation and Depuy Synthes Sales, Inc. Donelon v. Shilling, 2021-0703 (La. App. 1st dir. 4/12/22), 2022 WL 1090279, *3 (unpublished). According, lwe would deny the writ application. I

I COURT OF APPEAL, FIRST CIRCUIT I

DEPUTY CLERK OF COURT FOR THE COURT

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Martha Jane Guichard and Nicholas Guichard v. Gerard J. Gianoli, M.D., Hospital Service District 1 of Tangipahoa Parish d/b/a North Oaks Medical Center, Counsel Stack Legal Research, https://law.counselstack.com/opinion/martha-jane-guichard-and-nicholas-guichard-v-gerard-j-gianoli-md-lactapp-2023.

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I COURT OF APPEAL, FIRST CIRCUIT I

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