Smith v. Our Lady of Lake Hospital

Supreme Court of Louisiana

Smith v. Our Lady of Lake Hospital

680 So. 2d 1163, 1996 La. LEXIS 2563, 1996 WL 557776

CourtSupreme Court of Louisiana

DecidedSeptember 27, 1996

DocketNo. 96-CC-1837

StatusPublished

Cited by3 cases

This text of 680 So. 2d 1163 (Smith v. Our Lady of Lake Hospital) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Smith v. Our Lady of Lake Hospital, 680 So. 2d 1163, 1996 La. LEXIS 2563, 1996 WL 557776 (La. 1996).

Pincite

Opinion

PER CURIAM.

GRANTED. Judgment of the trial court denying defendants’ joint motion for summary judgment is reversed. In light of this court’s summary dismissal of all damage claims against the individual defendants in Smith v. Our Lady of the Lake Hospital, 93-2512 (La. 7/15/94); 639 So.2d 730, coupled with the purely derivative nature of all the damage claims asserted against the two corporate defendants, Our Lady of the Lake Hospital, Inc., d/b/a Our Lady of the Lake Regional Medical Center (OLL), and CVT Surgical Center, A Medical Corporation (CVT), we conclude that these two corporate defendants, which acted through the released individual defendants, are entitled to summary judgment on the damage claims as a matter of law. See Smith, 93-2512, p. 36 (La. 7/15/94); 639 So.2d at 756 (Lemmon, J., concurring). Given this court’s holding in Smith that defendants complied with the hospital’s by-laws and that the peer review process was conducted in good faith, we further conclude that all the defendants are entitled to summary judgment on the remaining claims for injunctive relief, seeking reinstatement of plaintiff-physician’s staff privileges and expungement of the records of the peer review proceeding.

CALOGERO, C.J., would grant and docket. JOHNSON, J., not on panel.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

GRANTED. Judgment of the trial court denying defendants’ joint motion for summary judgment is reversed. In light of this court’s summary dismissal of all damage claims against the individual defendants in Smith v. Our Lady of the Lake Hospital, 93-2512 (La. 7/15/94); 639 So.2d 730, coupled with the purely derivative nature of all the damage claims asserted against the two corporate defendants, Our Lady of the Lake Hospital, Inc., d/b/a Our Lady of the Lake Regional Medical Center (OLL), and CVT Surgical Center, A Medical Corporation (CVT), we conclude that these two corporate defendants, which acted through the released individual defendants, are entitled to summary judgment on the damage claims as a matter of law. See Smith, 93-2512, p. 36 (La. 7/15/94); 639 So.2d at 756 (Lemmon, J., concurring). Given this court’s holding in Smith that defendants complied with the hospital’s by-laws and that the peer review process was conducted in good faith, we further conclude that all the defendants are entitled to summary judgment on the remaining claims for injunctive relief, seeking reinstatement of plaintiff-physician’s staff privileges and expungement of the records of the peer review proceeding.

CALOGERO, C.J., would grant and docket. JOHNSON, J., not on panel.

Cite This Page — Counsel Stack

Bluebook (online)

680 So. 2d 1163, 1996 La. LEXIS 2563, 1996 WL 557776, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-our-lady-of-lake-hospital-la-1996.

Opinion

Related

Cite This Page — Counsel Stack