Edith Terry, Et Al. v. Notre Dame Health System D/b/a Wynhoven Health Care Center, Et Al.
Edith Terry, Et Al. v. Notre Dame Health System D/b/a Wynhoven Health Care Center, Et Al., No. 2023-C-01582 (La. Feb. 6, 2024).
Opinion text
Supreme Court of Louisiana
February 06, 2024
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
EDITH TERRY, ET AL.
VS.
NOTRE DAME HEALTH SYSTEM D/B/A
WYNHOVEN HEALTH CARE CENTER, ET AL.
No. 2023-C-01582
_ _
_ _ _ _
IN
RE: Edith Terry - Applicant Plaintiff; Applying For Writ Of Certiorari, Parish of
Jefferson, 24th Judicial District Court Number(s) 823,313, Court of Appeal, Fifth
Circuit, Number(s) 23-CA-68;
_ _ _ _ _ _
February 06, 2024
Writ application granted. See per curiam.
Weimer, C.J., dissents and assigns reasons.
Crain, J., dissents for reasons assigned by Weimer, C.J.
McCallum, J., dissents for reasons assigned by Weimer, C.J.
PDG
JDH
SJC
JTG
02/06/2024 "See News Release 007 for any Concurrences and/or Dissents."
SUPREME COURT OF LOUISIANA
No. 2023-C-01582
EDITH TERRY, ET AL.
VS.
NOTRE DAME HEALTH SYSTEM D/B/A WYNHOVEN HEALTH CARE
CENTER, ET AL.
On Writ of Certiorari to the Court of Appeal, Fifth Circuit, Parish of Jefferson
PER CURIAM
Accepting the facts as alleged in the four corners of the petition and amended
petition as true, we find them sufficient to state a cause of action for gross
negligence. The lower courts are reversed, and the matter is remanded to the trial
court for further proceedings.
REVERSED AND REMANDED
02/06/24