2019CW1546 Nonprecedential Writ denied Processed

Susan West and Karen Trebes v. Baton Rouge General Medical Center

Louisiana Court of Appeal, First Circuit · Filed February 18, 2020

Authorities cited

Identified automatically; this list may not be exhaustive.

Opinion text

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

SUSAN WEST AND KAREN TREBES NO. 2019 CW 1546

VERSUS

BATON ROUGE GENERAL MEDICAL FEB 18 2020
CENTER

In Re: Baton Rouge General Medical Center, applying for

supervisory writs, 19th Judicial District Court,
Parish of East Baton Rouge, No. 633, 393.

BEFORE: HIGGINBOTHAM, PENZATO, AND LANIER, JJ.

WRIT DENIED. The criteria set forth in Herlitz

Construction Co., Inc. v. Hotel Investors of New Iberia, Inc.,
396 So. 2d 878 ( La. 1981) ( per curiam), are not met.

TMH
WIL

Penzato, J., dissents. Based on her extensive education,

training, and experience, Nurse Barrier is qualified to provide

such an opinion as to the standard of care of a nursing aide in
repositioning patients. See La. Code Evid. art. 702; Cheairs v.
State ens rel. Department of Transportation and Development,
2003- 0580 ( La. 12/ 3/ 03), 861 So. 2d 536, 542.

COURT OF APPEAL, FIRST CIRCUIT

v

DEPUTY CL RK OF COURT
FOR THE COURT