2022-CC-00057 Precedential Reversed Processed

Charles Kelley And Lavinia Kelley v. The State Of Louisiana, And Brfhh Shreveport, Llc D/b/a University Health Shreveport

Louisiana Supreme Court · Filed March 15, 2022

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Opinion text

Supreme Court of Louisiana
March 15, 2022
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
CHARLES KELLEY AND LAVINIA KELLEY
VS.
THE STATE OF LOUISIANA, AND BRFHH
SHREVEPORT,
LLC D/B/A UNIVERSITY
HEALTH SHREVEPORT
No. 2022-CC-00057
_ _ _
_ _ _
IN R
E: BRFHH Shreveport, LLC d/b/a University Health Shreveport - Applicant
Defendant; Applying For Supervisory Writ, Parish of Caddo, 1st Judicial District
Court Number(s) 613,465, Court of Appeal, Second Circuit, Number(s) 54,494-CW;
_ _ _ _ _ _
March 15, 2022
Writ application granted in part. See per curiam.
Weimer, C.J., dissents and would deny.
Hughes, J., dissents and would deny.
WJC
SJC
JTG
JBM
PDG
03/15/2022 "See News Release 011 for any Concurrences and/or Dissents."

SUPREME COURT OF LOUISIANA
No. 2022-CC-00057
CHARLES KELLEY AND LAVINIA KELLEY
VS.
THE STATE OF LOUISIANA, AND BRFHH SHREVEPORT, LLC D/B/A
UNIVERSITY HEALTH SHREVEPORT
On Supervisory Writ to the 1st Judicial District Court, Parish of Caddo
PER CURIAM
The judgment of the court of appeal is reversed insofar as it excludes the
opinion of the medical review panel in its entirety. The district court is directed to
redact those portions of the opinion in which the panel exceeded its statutory
authority under La. R.S. 40:1231.8(G) . Subject to these redactions, the remainder
of the opinion is admissible. See McGlothlin v. Christus St. Patrick Hospital , 10-
2775 (La. 7/1/11), 65 So.3d 1218.
We also reverse the portion of the court of appeal ’s opinion excluding the
testimony of the medical review panel members. The members can testify to any
issues within the scope of their expertise.
In all other respects, the writ is denied. The case is remanded to the district
court for further proceedings consistent with this opinion.
03/15/2022