Opinion
NO. 2016 CW 0900
06-05-2017
HILLARY EISWORTH v. SATYAPRASAD ALAPATI, M.D.; ROBERT F. HAYDEN, II, M.D.; AND OUR LADY OF THE LAKE HOSPITAL, INC.
In Re: Satyaprasad Alapati, M.D., applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 642410. BEFORE: PETTIGREW, McCLENDON, THERIOT, HOLDRIDGE AND PENZATO
WRIT GRANTED. Pursuant to our de novo review, we conclude that the mover, defendant Satyaprasad Alapati, M.D., has met his burden of proving there is no genuine issue of material fact and that he is entitled to summary judgment as a matter of law. La. Code Civ. P. art. 966(A)(3). Plaintiff, Hillary Eisworth, has failed to produce expert medical testimony or other factual support sufficient to establish the existence of a genuine issue of material fact or that the mover is not entitled to judgment as a matter of law. La. Code Civ. P. art. 966(D)(1). Accordingly, we reverse the portion of the July 11, 2016 judgment of the trial court that denied Dr. Alapati's motion for summary judgment. We grant summary judgment in favor of Dr. Alapati and dismiss him from the suit with prejudice
PMc
MRT
AHP
Holdridge, J., concurs.
Pettigrew, J., dissents and would deny the writ on the showing made. COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT