Gloria Pitts, Linnie D. James, and Sandra Williams v. Bio-Medical Applications of Louisiana, LLC d/b/a Amite Artificial Kidney Center a/k/a Fresenius Kidney Care Amite, Fresenius Medical Care Louisiana Dialysis Group, LLC, Tangipahoa Parish Hospital Service Issue 2 d/b/a Hood Memorial Hospital, Dr. Claude C

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT

GLORIA PITTS, LINNIE D. NO. 2024 CW 0492
JAMES, AND SANDRA WILLIAMS

VERSUS PAGE 1 OF 2

BIO-MEDICAL APPLICATIONS OF
LOUISIANA, LLC D/B/A AMITE
ARTIFICIAL KIDNEY CENTER
A/K/A FRESENIUS KIDNEY CARE
AMITE, FRESENIUS MEDICAL
CARE LOUISIANA DIALYSIS
GROUP, LLC, TANGIPAHOA
PARISH HOSPITAL SERVICE
ISSUE #2 D/B/A HOOD MEMORIAL
HOSPITAL, DR. CLAUDE C.
CRAIGHEAD, III, LOUISIANA
MEDICAL MUTUAL INSURANCE
COMPANY, AND CONTINENTAL AUGUST 12, 2024
CASUALTY COMPANY

In Re: Fresenius Medical Care Louisiana Dialysis Group, LLC,
Bio-Medical Applications of Louisiana, LLC D/B/A Amite
Artificial Kidney Center A/K/A Fresenius Kidney Care
Amite and Continental Casualty Company, applying for
supervisory writs, 21st Judicial District Court, Parish
of Tangipahoa, No. 20180002952.

BEFORE : WOLFE, MILLER, AND GREENE, Ju.
WRIT DENIED.

EW
SMM

Greene, J., dissents and would grant the writ application. I
find defendants, Fresenius Medical Care Louisiana Dialysis Group,
LLC, Bio-Medical Applications of Louisiana, LLC d/b/a Amite
Artificial Kidney Center a/k/a Fresenius Kidney Care Amite and
Continental Casualty Company, met their burden of proof on their
exception of no right of action. Williams v. Genuine Parts Co.,
2014-0857 (La. App. ist Cir. 1/8/15), 2015 WL 127974, *3
(unpublished). The birth certificates entered into evidence
establish the decedent, Vernon Williams, and plaintiff, Gloria
Pitts, do not have the same father or mother, as no father is
identified in either birth certificate, and Vernon’s mother is
identified as Ada Bell Williams and Gloria’s mother is identified
as Isabel Williams. Except for delayed or altered certificates,
every original certificate on file in the vital records registry
is prima facie evidence of the facts stated therein. ka. R.S.
40:42. The testimony of Gloria Pitts regarding the identity of her
mother is not competent to establish Isabel Williams is not her
mother because such is the mere repetition of information she was
told by persons who are now deceased and cannot be called to
testify, and of which she is precluded from having personal
knowledge. Succession of Gore, 2017-68 (La. App. 5th Cir.
5/31/17), 223 So.3d 628, 632-633. Thus, I would reverse the trial
court’s April 11, 2024 judgment denying the exception of no right

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT

2024 CW 0492
PAGE 2 OF 2

of action filed by Fresenius Medical Care Louisiana Dialysis Group,
LLC, Bio-Medical Applications of Louisiana, LLC d/b/a Amite
Artificial Kidney Center a/k/a Fresenius Kidney Care Amite and
Continental Casualty Company, and grant this exception, dismissing
all claims of plaintiff, Gloria Pitts, against Fresenius Medical
Care Louisiana Dialysis Group, LLC, Bio-Medical Applications of
Louisiana, LLC d/b/a Amite Artificial Kidney Center a/k/a
Fresenius Kidney Care Amite and Continental Casualty Company.

COURT OF APPEAL, FIRST CIRCUIT

Lui Lead

DEPUTY CLERK OF COURT
FOR THE COURT