Opinion
No. 2023-CC-00519
06-07-2023
Taya POCOCK, Wrongful Death and Survival Beneficiary of Geoffrey Pocock v. LULING LIVING CENTER, LLC and St. Joseph of Harahan, LLC
Writ application denied.
Crain, J., would grant.
McCallum, J., would grant and assigns reasons.
McCALLUM, J., would grant and assigns reasons.
I would grant the writ application. Louisiana Code Civ. Proc. art. 967(A) provides, "[s]worn or certified copies of all papers or parts thereof referred to in an affidavit shall be attached thereto or served therewith." (Emphasis added). In opposition to defendant's motion for summary judgment, plaintiff submitted the affidavit of Dr. Warner, who averred that he had reviewed plaintiff's medical records and other documents, and concluded defendants breached the applicable standard of care. Plaintiff failed to attach sworn or certified copies of those referenced medical records to the affidavit as required. Thus, I would reverse the trial court and court of appeal, and grant defendant's motion to strike the affidavit of Dr. Warner. Although the codal articles as written demand a severe result in this case, until changed by the legislature, I am bound to apply them.