Opinion
NO. 2017 CW 0790
08-10-2017
FLOYD PRYER, SR., MELONIE PRYER, SCARLETTE PRYER, LARRY PRYER, WILBERT PRYER, JR., AND GERALD PRYER v. OUR LADY OF THE LAKE HOSPITAL, INC. D/B/A OUR LADY OF THE LAKE REGIONAL MEDICAL CENTER, ROBYN EASTON TYLER, M.D. & LOUISIANA MEDICAL MUTUAL INSURANCE COMPANY
In Re: Robyn E. Tyler, M.D. and Louisiana Medical Mutual Insurance Company, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 568739. BEFORE: HIGGINBOTHAM, CRAIN, THERIOT, HOLDRIDGE AND PENZATO, JJ.
WRIT GRANTED. As the evidence is not being offered to establish the fault of a party for which a motion for summary judgment was granted, the provisions of La. Code Civ. P. art. 966(G) do not prohibit the introduction of the proposed evidence. As this provision was considered by the trial court as a factor in its determination, the ruling of the trial court is vacated and the matter remanded for consideration pursuant to the provisions of La. Code of Evid. Art. 607(D)(2).
GH
AHP
TMH
WJC
Theriot, J., dissents and would decline to exercise supervisory jurisdiction. The criteria set forth in Herlitz Construction Company, Inc. v. Hotel Investors of New Iberia, Inc., 396 So.2d 878 (La. 1981) (per curiam) are not met. COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT