Ritzy Torrez v. St. Bernard Hospital Foundation, Inc., Lammico, and Ochsner Clinic Foundation D/B/A Ochsner Health System

RITZY TORREZ * NO. 2024-CA-0598

VERSUS * COURT OF APPEAL

ST. BERNARD HOSPITAL * FOURTH CIRCUIT
FOUNDATION, INC.,
LAMMICO, AND OCHSNER * STATE OF LOUISIANA
CLINIC FOUNDATION D/B/A
OCHSNER HEALTH SYSTEM *

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RML LEDET, J, DISSENTS

The majority finds that the trial court “committed legal error in its

misapplication of La. Rev. Stat. 9:2800” and, thus, applied a de novo standard of

review to reverse the trial court’s finding of liability. I disagree. Given this case

turns on the trial court’s factual findings, I would apply a manifest error standard

of review. Based on the record, I cannot conclude that the trial court manifestly

erred in crediting Ms. Torrez’s testimony. Accordingly, I would affirm the trial

court’s finding of liability. For these reasons, I respectfully dissent.