Opinion
NO. 2018 CW 0511
06-06-2018
FRANK RABORN v. JEFFREY R. ALBEA, M.D., SHAWN G. DUNN, M.D., THE NEUROMEDICAL CENTER (A PROFESSIONAL MEDICAL CORPORATION), EBI, LP AND SYNTHES USA SALES, LIMITED LIABILITY COMPANY
In Re: Frank Raborn, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 583675. BEFORE: WHIPPLE, C.J., WELCH AND HIGGINBOTHAM, JJ.
WRIT GRANTED IN PART AND DENIED IN PART WITH ORDER. The district court did not comply with the requirements of La. Code Civ. P. art. 1425(F) in excluding the affidavit of Frank Raborn's expert, Dr. Robert Hudgins. The only proper procedure to challenge the qualifications of an expert who has prepared an affidavit in opposition to a motion for summary judgment is in accordance with La. Code Civ. P. art. 1425. Adolph v. Lighthouse Property Insurance Corporation, 2016-1275 (La. App. 1st Cir. 9/8/17), 227 So.3d 316, 320. Failure to comply with La. Code Civ. P. art. 1425(F) constitutes legal error. See Robertson v. Doug Ashy Building Materials, Inc., 2010-1552 (La. App. 1st Cir. 10/4/11), 77 So.3d 339, 359, writs denied, 2011-2468, 2430 (La. 1/13/12), 77 So.3d 972, 973. Therefore, we vacate the ruling of the district court that granted the motion for partial summary judgment filed by Defendants, The Neuromedical Center, APMC and Jeffrey Albea, M.D., and we remand this matter to the district court to conduct an evidentiary hearing and comply with La. Code Civ. P. art. 1425(F). In all other respects, the writ is denied.
JEW
TMH
VGW
COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT