Opinion
NO. 2017 CW 0650
08-03-2017
EMILY CLEMENT v. STATE OF LOUISIANA, THROUGH THE DEPARTMENT OF PUBLIC SAFETY & CORRECTIONS
In Re: State of Louisiana, through the Department of Public Safety & Corrections, applying for supervisory writs, 18th Judicial District Court, Parish of Iberville, No. 71431. BEFORE: GUIDRY, HIGGINBOTHAM, CRAIN, HOLDRIDGE AND CHUTZ, JJ.
WRIT DENIED.
TMH
GH
JMG
Crain and Chutz, JJ., dissent and would grant the writ application. After conducting a de novo review, we conclude there is no genuine issue of material fact as to the exercise of reasonable care by defendant, State of Louisiana Through the Department of Public Safety and Corrections, and it is entitled to judgment as a matter of law. La. Code Civ. P. Art. 966. See also Brown v. State, 392 So.2d 113 (La. App. 1st Cir. 1980). Plaintiff has made no showing that she will be able to refute the expert witness testimony presented by the State of Louisiana Through the Department of Public Safety and Corrections that, first, the medical treatment received by her for the staphylococcal soft tissue infection she developed while an inmate at Louisiana Correctional Institute for Women was reasonable and timely and that, second, the medical treatment was not the cause of Plaintiff's alleged damages sufficient to create a genuine issue of material fact. See Neidlinger v. Warden, Medical Dept., 45, 235 (La. App. 2d Cir. 5/19/10), 38 So.3d 1171. Accordingly, we would hereby grant the writ application and reverse the judgment of the trial court signed on March 23, 2017, which denied the motion for summary judgment, and would render judgment dismissing Plaintiff's claims against State of Louisiana Through the Department of Public Safety and Corrections. COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT