Darcy Driver, Deann Driver And Danielle Driver-roussel, Individually And On Behalf Of Their Deceased Parents, Albert, Jr. And Kathie Driver v. Willis Knighton Pierremont Health Center, Et Al.

Supreme Court of Louisiana
November 19, 2025
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
DARCY DRIVER, DEANN DRIVER AND
DANIELLE DRIVER-ROUSSEL,
INDIVIDUALLY AND ON BEHALF OF
THEIR DECEASED PARENTS, ALBERT, JR.
AND KATHIE DRIVER
VS.
WILLIS KNIGHTON PIERREMONT
HEALTH CENTER, ET AL.
No. 2025-C-01057
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I
N RE: Louisiana Patient's Compensation Fund Oversight Board - Applicant
Intervenor; Applying For Writ Of Certiorari, Parish of Caddo, 1st Judicial District
Court Number(s) 618,081, Court of Appeal, Second Circuit, Number(s) 56,039-CA;
_ _ _ _ _ _
November 19, 2025
Writ application granted. See per curiam.
Crain, J., concurs.
Guidry, J., dissents and assigns reasons.
JLW
JDH
JBM
PDG
CRC
11/19/2025 "See News Release 051 for any Concurrences and/or Dissents."

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SUPREME COURT OF LOUISIANA
No. 2025-C-01057
DARCY DRIVER, DEANN DRIVER AND DANIELLE DRIVER-ROUSSEL,
INDIVIDUALLY AND ON BEHALF OF THEIR DECEASED PARENTS,
ALBERT, JR. AND KATHIE DRIVER
VS.
WILLIS KNIGHTON PIERREMONT HEALTH CENTER, ET AL.
On Writ of Certiorari to the Court of Appeal, Second Circuit, Parish of Caddo
PER CURIAM
Writ granted. This Court previously vacated the judgment of the court of
appeal and remanded the matter, instructing the court to perform a comparative fault
analysis among the defendant healthcare providers as required by La. C.C. art. 2323.
Darcy Driver, Deann Driver and Danielle Driver -Roussell, Individually and on
Behalf of Their Deceased Parents, Albert, Jr., and Kathie Driver v. Willis Knighton
Pierremont Health Center, et al. , 25 -391, 25 -400 (La. 6/25/25), 412 So. 3d 215
(mem.). On remand, the court of appeal again reversed the jury’s verdict, awarding
plaintiffs the statutory cap of $500,000 in damages for decedent’s injuries, plus
$130,995.41 in medical expenses, plus interest and costs. 1 Furthermore, in
accordance with this Court’s per curiam, the court apportioned 75% fault to
defendant Nikunj Parikh, M.D., and 25% fault to Willis-Knighton Pierremont Health
Center. Darcy Driver, Deann Driver and Danielle Driver -Roussell, Individually
and on Behalf of Their Deceased Parents, Albert, Jr., and Kathie Driver v. Willis
Knighton Pierremont Health Center, et al. , 56,039 (La. App. 2 Cir. 7/23/25), 416
1 La. R.S. 40:1231.2(B)(1) provides that “[t]he total amount recoverable for all malpractice claims
for injuries to or death of a patient, exclusive of future medical care and related benefits as provided
in La. R.S. 40:1231.3, shall not exceed five hundred thousand dollars plus interest and cost.”

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So. 3d 974. Both Defendants and intervenor 2 herein, the Louisiana Patient’s
Compensation Fund Oversight Board (“PCF”), have separately sought review in this
Court.3
The PCF correctly asserts the court of appeal erred in not applying the
statutory cap applicable to Nikunj Parikh, M.D., and Willis -Knighton Pierremont
Health Center , as each defendant is subject to a $100,000 cap on damages, plus
interest and costs. See La. R.S. 40:1231.2(B)(2) (“A health care provider under this
Part is not liable for an amount in excess of one hundred thousand dollars plus
interest thereon accruing after April 1, 1991. . . .”). Thus, in this matter, the PCF is
only obligated for any amount in excess of the sum of the qualified healthcare
providers’ limits of liability o r for amounts above $200,000, subject to the general
cap on damages, plus medical expenses incurred prior to trial. La. R.S.
40:1231.2(B)(3)(a).
Accordingly, the judgment of the court of appeal is amended to reflect that
each defendant in this matter, Nikunj Parikh, M.D., and Willis-Knighton Pierremont
Health Center, is subject to a $100,000 statutory cap as set forth in La. R.S.
40:1231.2(B)(2) plus legal interest and their respective share of costs through the
date of judgment. The PCF is responsible for the remainder due under the Judgment
as rendered by the appellate court. In all other respects, the court of appeal’s
judgment is affirmed.
AMENDED AND AS AMENDED, AFFIRMED.

2On March 24, 2025, t he Louisiana Patient’s Compensation Fund Oversight Board was granted
leave by the court of appeal to intervene in this matter.

3Darcy Driver, Deann Driver and Danielle Driver -Roussell, Individually and on Behalf of Their
Deceased Parents, Albert, Jr., and Kathie Driver v. Willis Knighton Pierremont Health Center, et
al., 25-1068 (La. 11/19/25), -- So.3d --, writ denied.