2025-CC-00217 Precedential Writ application granted. Processed

Terry Almon v. James M. Laborde, M.D., And Orthopaedic Associates Of New Orleans

Louisiana Supreme Court · Filed April 23, 2025

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Opinion text

Supreme Court of Louisiana
April 23, 2025
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
TERRY ALMON
VS.
JAMES M. LABORDE, M.D., AND
ORTHOPAEDIC ASSOCIATES OF
NEW ORLEANS
No. 2025-CC-00217
_ _
_ _ _ _
I
N RE: J. Monroe Laborde, M.D. - Applicant Defendant; OANO, LLC d/b/a
Orthopaedic Associates of New Orleans - Applicant Defendant; Applying For
Supervisory Writ, Parish of Orleans Civil, Civil District Court Number(s) 2023-
12689, Court of Appeal, Fourth Circuit, Number(s) 2024-C-0732;
_ _ _ _ _ _
April 23, 2025
Writ application granted. See per curiam.
Hughes, J., dissents and would deny.
CRC
JLW
WJC
JBM
PDG
JMG
04/23/2025 "See News Release 019 for any Concurrences and/or Dissents."

SUPREME COURT OF LOUISIANA
No. 2025-CC-00217
TERRY ALMON
VS.
JAMES M. LABORDE, M.D., AND ORTHOPAEDIC ASSOCIATES OF
NEW ORLEANS
On Supervisory Writ to the Civil District Court, Parish of Orleans Civil
PER CURIAM
Granted. A medical review panel’s opinion is subject to mandatory admission
unless the panel exceeded its statutory authority. La. R.S. 40:1231.8(H); Valenzuela
v. Danj, 2023-00198 (La. 5/16/23), 360 So. 3d 473; Sanderson v. Tulane University
Hospital and Clinic, 18-0588 (La. 6/15/18), 245 So. 3d 1043.
Unlike the situation in McGlothlin v. Christus St. Patrick Hospital , 10-2775
(La. 7/1/11), 65 So.3d 1218, there is no indication the medical review panel in the
instant case found any inconsistencies in the evidence or made any credibility
determinations. See Keller v. Touro Infirmary, 2023-00830 (La. 6/17/23), 362 So.
3d 403. Instead, the medical review panel relied on undisputed facts contained in
the medical records and other evidence in reaching its opinion.
Therefore, we find the entire medical review panel opinion is admissible. Of
course, as with any expert testimony or evidence, the medical review panel opinion
is subject to review and contestation by the opposing party, and the trier of fact is
free to accept or reject any portion or all of the opinion. McGlothlin, 65 So. 3d at
1227.
Accordingly, the judgment of the district court granting plaintiff’s motion in
limine is reversed. The case is remanded to the district court for further proceedings.