Opinion
2024 CW 0496
08-12-2024
GLORIA PITTS, LINNIE D. JAMES, AND SANDRA WILLIAMS v. BIO-MEDICAL APPLICATIONS OF LOUISIANA, LLC D/B/A AMITE ARTIFICIAL KIDNEY CENTER A/K/A FRESENIUS KIDNEY CARE AMITE, FRESENIUS MEDICAL CARE LOUISIANA DIALYSIS GROUP, LLC, TANGIPAHOA PARISH HOSPITAL SERVICE ISSUE #2 D/B/A HOOD MEMORIAL HOSPITAL, DR. CLAUDE C. CRAIGHEAD, III, LOUISIANA MEDICAL MUTUAL INSURANCE COMPANY, AND CONTINENTAL CASUALTY COMPANY
In Re: Claude C. Craighead, M.D., Matloob Ur Rehmann, M.D., Veronica L. Ricks, NP and LAMMICO, applying for supervisory writs, 21st Judicial District Court, Parish of Tangipahoa, No. 20180002952.
BEFORE: WOLFE, MILLER, AND GREENE, JJ.
WRIT DENIED.
EW
SMM
Greene, J., dissents and would grant the writ application. I find defendants, Claude C. Craighead, M.D., Matloob Ur Rehmann, M.D., Veronica L. Ricks, NP, and LAMMICO, met their burden of proof on their exception of no right of action. Williams v. Genuine Parts Co., 2014-0857 (La.App. 1st Cir. 1/8/15), 2015 WL 127974, *3 (unpublished). The birth certificates entered into evidence establish the decedent, Vernon Williams, and plaintiff, Gloria Pitts, do not have the same father or mother, as no father is identified in either birth certificate, and Vernon's mother is identified as Ada Bell Williams and Gloria's mother is identified as Isabel Williams. Except for delayed or altered certificates, every original certificate on file in the vital records registry is prima facie evidence of the facts stated therein. La. R.S. 40:42. The testimony of Gloria Pitts regarding the identity of her mother is not competent to establish Isabel Williams is not her mother because such is the mere repetition of information she was told by persons who are now deceased and cannot be called to testify, and of which she is precluded from having personal knowledge. Succession of Gore, 2017-68 (La.App. 5th Cir. 5/31/17), 223 So.3d 628, 632-633. Thus, I would reverse the trial court's April 11, 2024 judgment denying the exception of no right of action filed by Claude C. Craighead, M.D., Matloob Ur Rehmann, M.D., Veronica L. Ricks, NP, and LAMMICO, and grant this exception, dismissing all claims of plaintiff, Gloria Pitts, against Claude C. Craighead, M.D., Matloob Ur Rehmann, M.D., Veronica L. Ricks, NP, and LAMMICO.