Opinion
56,020-CW
07-03-2024
DONNA ANGLIN AND ROBERT B. ANGLIN v. CHRISTUS SCHUMPERT HIGHLAND LOUISIANA HEALTH SYSTEM, ET AL
LAW OFFICE OF SUSAN E. HAMM Susan Elizabeth Hamm Counsel for: Donna Anglin and Robert B. Anglin Walter Flanders Clawson Counsel for: Louisiana Patients Compensation Fund Oversight Board and Louisiana Patients Compensation Fund
FILED: 07/02/24
RECEIVED: E-Filed 07/02/24
On application of Donna Anglin and Robert B. Anglin for SUPERVISORY WRIT AND STAY in No. 569,316 on the docket of the First Judicial District, Parish of CADDO, Judge Christopher T. Victory.
LAW OFFICE OF SUSAN E. HAMM Susan Elizabeth Hamm Counsel for: Donna Anglin and Robert B. Anglin
Walter Flanders Clawson Counsel for: Louisiana Patients Compensation Fund Oversight Board and Louisiana Patients Compensation Fund
Before STONE, THOMPSON, and ROBINSON, JJ.
WRIT GRANTED AND MADE PEREMPTORY.
Applicants Donna Anglin and Robert B. Anglin seeks supervisory review of the trial court's "Judgment on Plaintiffs' Motion to Offer Expert Discovery Depositions Pursuant to Louisiana Code of Civil Procedure Article 1450 A (5), Motion for Reconsideration and Request for Expedited Hearing." In this matter, counsel for applicants timely notified opposing counsel of their intent to offer the September 14, 2021, deposition testimony of Dr. Jason Marchetti at trial of this matter in accordance with provision K of the Scheduling Order. Considering the importance of Dr. Marchetti's testimony to this case, as well as his unavailability for trial, we find that the trial court abused its discretion in denying applicant's motion to present the testimony of Dr. Marchetti at trial via his expert discovery deposition. The writ is granted and the ruling of the trial court as it relates to this issue is reversed. The matter is remanded for further proceedings and for compliance with provision K of the Scheduling Order prior to trial.