Opinion
2014 CA 0209
01-15-2015
CARLA LOUISE PARKER v. STATE OF LOUISIANA, LOUISIANA STATE UNIVERSITY HEALTH SCIENCES CENTER - NEW ORLEANS, MEDICAL CENTER OF LOUISIANA AT NEW ORLEANS A/K/A MCLNO AND BOARD OF SUPERVISORS OF LOUISIANA STATE UNIVERSITY AND AGRICULTURAL AND MECHANICAL COLLEGE D/B/A LEONARD J. CHABERT MEDICAL CENTER AND JOHN LUKE, III, M.D.
Pierre F. Gremillion Metairie, Louisiana and Frank D. Ippolito Chalmette, Louisiana Attorneys for Plaintiff/Appellant Carla Louise Parker James D. "Buddy" Caldwell Attorney General and Kathi V. Logan Darius Q. Henderson Assistant Attorneys General Baton Rouge, Louisiana Attorneys for Defendants/Appellees State of Louisiana, LSU Health Sciences Center Center-New Orleans and Board of Supervisors of LSU d/b/a Leonard J. Chabert Medical Center and John Luke, III, M.D.
NOT DESIGNATED FOR PUBLICATION
APPEALED FROM THE THIRTY-SECOND JUDICIAL DISTRICT COURT IN AND FOR THE PARISH OF TERREBONNE STATE OF LOUISIANA
DOCKET NUMBER 166,408
HONORABLE GEORGE J. LARKE, JR., JUDGE Pierre F. Gremillion
Metairie, Louisiana
and
Frank D. Ippolito
Chalmette, Louisiana
Attorneys for Plaintiff/Appellant
Carla Louise Parker
James D. "Buddy" Caldwell
Attorney General
and
Kathi V. Logan
Darius Q. Henderson
Assistant Attorneys General
Baton Rouge, Louisiana
Attorneys for Defendants/Appellees
State of Louisiana, LSU Health Sciences Center
Center-New Orleans and Board of Supervisors
of LSU d/b/a Leonard J. Chabert Medical
Center and John Luke, III, M.D.
BEFORE: McDONALD, CRAIN, AND HOLDRIDGE , JJ.
Holdridge, J., serving as Supernumerary Judge pro tempore of the Court of Appeal, First Circuit, by special appointment of the Louisiana Supreme Court.
McDONALD, J.
Plaintiff, Carla Louise Parker, appeals the trial court's judgment: (1) excluding an expert witness's affidavit; (2) granting summary judgment in favor of the defendants, State of Louisiana through the Board of Supervisors of LSU d/b/a Leonard J. Chabert Medical Center and John Luke, III, M.D; and, (3) dismissing Ms. Parker's claims with prejudice. The trial court determined Ms. Parker had untimely filed the affidavit, and the defendants were entitled to summary judgment and dismissal of Ms. Parker's medical malpractice suit.
We note that Ms. Parker's motion for appeal actually states that the appeal is taken from the October 28, 2013 judgment denying her motion for new trial, which ordinarily is not an appealable judgment. However, the Supreme Court has directed us to consider an appeal of the denial of a motion for new trial as an appeal of the judgment on the merits as well, when it is clear from the appellant's brief that he intended to appeal the merits of the case. McCain v. Howell, 06-1830 (La. App. 1 Cir. 9/14/07), 971 So.2d 323, 326 n.1, writ denied, 07-2027 (La. 12/14/07), 970 So.2d 533. Such is the case here.
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After a thorough review of the record, and of applicable statutes and jurisprudence, we find the trial court did not abuse its discretion in excluding the affidavit, nor in granting summary judgment in favor of the defendants. See Buggage v. Volks Constructors, 06-0175 (La. 5/5/06), 928 So.2d 536 (per curiam) and Henry v. NOHSC Houma #1, LLC., 11-0738 (La. App. 1 Cir. 6/28/12), 97 So.3d 470, 472 n.3, writ denied, 12-1761 (La. 11/2/12), 99 So.3d 677. Because the trial court did not abuse its discretion, and because the issues involve no more than the application of well-settled rules to a recurring fact situation, we affirm the trial court's judgment in accordance with URCA Rule 2-16.2(A)(2), (4), and (7). Costs of the appeal are assessed to Carla Louise Parker.
AFFIRMED.