John Anthony Roberts, Sr., Lisa Moss Roberts and John Roberts, Jr. v. Hospital Service District No. 1 of Tangipahoa Parish d/b/a North Oaks Health System and/or North Oaks Medical Center, LLC, North Oaks Orthopaedic Specialty Center
John Anthony Roberts, Sr., Lisa Moss Roberts and John Roberts, Jr. v. Hospital Service District No. 1 of Tangipahoa Parish d/b/a North Oaks Health System and/or North Oaks Medical Center, LLC, North Oaks Orthopaedic Specialty Center, No. 2020CW0731 (La. Ct. App. 1st Cir. Jan. 21, 2021).
Opinion text
STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT
JOHN ANTHONY ROBERTS, SR., NO. 2020 CW 0731
LISA MOSS ROBERTS AND JOHN
ROBERTS, JR.
VERSUS
HOSPITAL SERVICE DISTRICT
NO. 1 OF TANGIPAHOA PARISH
D/ B/ A NORTH OAKS HEALTH JANUARY 21, 2021
SYSTEM AND/ OR NORTH OAKS
MEDICAL CENTER, LLC, NORTH
OAKS ORTHOPAEDIC SPECIALTY
CENTER
In Re: John Roberts, Jr., applying for supervisory writs,
21st Judicial District Court, Parish of Tangipahoa,
No. 20160000432.
BEFORE: GUIDRY, MCDONALD, MCCLENDON, HOLDRIDGE, AND LANIER,
JJ.
WRIT GRANTED. The portion of the trial court' s March 26,
2020 judgment the for trial filed
granting motion new
by
defendants, Hospital Service District No. 1 of Tangipahoa Parish
d/ b/ a North Oaks Health System and/ or North Oaks Medical Center,
LLC, North Oaks Orthopaedic Specialty Center, is reversed. The
jury' s verdict was reasonable and supported by a fair
interpretation of the evidence. Accordingly, the motion for new
trial filed by the defendants is denied.
JMG
JMM
WIL
McClendon, J., dissents and would not consider the
writ. Since this writ application concerns post - trial motions
following a trial on the merits, I would have requested that the
relator provide the court with the tr..a'. transcript and copies
of all
documentary evidence admitted at the trial for a proper
review and would have allowed an opportunity to file a new writ
application with these items.
Holdr.idge, J.,
dissents and would deny the writ The trial
court did not abuse her discretion in granting the new trial.
La. Code Civ. P. art. 1973.
COURT OF APPEAL, FIRST CIRCUIT
DEPUTY CLERK OF COURT
FOR THE COURT