Dr. Michael Gomila v. The State of Louisiana, Department of Health and Hospitals, and Kathy Kliebert in Her Official Capacity

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

DR. MICHAEL GOMILA NO. 2020 CW 1194

VERSUS

THE STATE OF LOUISIANA ,

DEPARTMENT OF HEALTH AND
HOSPITALS, AND KATHY JULY 06, 2021
KLIEBERT, IN HER OFFICIAL
CAPACITY

In Re: The State of Louisiana, through the Department of

Health and Hospitals and Kathy Kliebert, applying for

supervisory writs, 19th Judicial District Court,

Parish of East Baton Rouge, No. 633918.

BEFORE: McDONAID, HOLDRIDGE, AND PENZATO, JJ.

WRIT DENIED.

Holdridge, J., concurs. It is difficult to determine from
the pleadings whether the plaintiff is pleading several causes

of action with separate claims for damages or one continuing
cause of action with one claim for damages. However, since the
defendants failed to introduce any evidence to prove that the
certain claims I would deny the writ as to the
were prescribed,

objection of prescription and allow the plaintiff an opportunity
to amend his petition to clarify his request and also to allow

the defendants to re -file a peremptory exception the
raising
objection of prescription.

McDonald, J., concurs in part and dissents in part. I

would grant the writ application in part and reverse the portion
of the trial court' s October 21, 2020 judgment denying the
Motion for Partial Summary Judgment as to the claims for
malicious prosecution, abuse of process, and intentional
infliction of emotional distress. I concur in the denial of the
writ application as to the denial of the Exception of

Prescription.

COURT OF APPEAL, FIRST CIRCUIT

EPUTY CLERk OF COURT
FOR THE COURT