Opinion
NO. 2017 CW 0129
06-01-2017
IN RE: MEDICAL REVIEW PANEL CLAIM OF HILDA BOUDREAUX v. NEUROMEDICAL CENTER HOSPITAL, ET AL.
In Re: Neuromedical Center Hospital, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 642,171. BEFORE: WHIPPLE, C.J., GUIDRY AND PENZATO, JJ.
WRIT GRANTED WITH ORDER. The trial court erred in declining to consider the opinion of the medical review panel submitted in support of relator's motion for summary judgment. We, therefore, vacate the January 5, 2017 judgment. The changes effected on La. C.C.P. art. 966 by Acts 2015, No. 422, included the addition of La. C.C.P. art. 966(D)(2), which provides in part, "The court may consider only those documents' filed in support of or in opposition to the motion for summary judgment and shall consider any documents to which no objection is made." (Emphasis added.) Here, although no objection was raised to the admissibility of the opinion, the trial court did not consider the opinion as required by La. C.C.P. art. 966(D)(2). Because of this error, the trial court did not reach the merits of relator's motion for summary judgment. Under these circumstances, we remand the matter to the trial court for consideration of the merits of relator's motion for summary judgment, based on the memoranda and documents that were submitted in support of and in opposition of the motion, including the opinion of the medical review panel.
VGW
JMG
AHP
COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT