Kayla Neville Versus John W. Redmann, Law Office of John W. Redmann, and Xyz Insurance Company

KAYLA NEVILLE NO. 24-C-342

VERSUS FIFTH CIRCUIT

JOHN W. REDMANN, LAW OFFICE OF COURT OF APPEAL
JOHN W. REDMANN, AND XYZ
INSURANCE COMPANY STATE OF LOUISIANA

September 04, 2024

Linda Wiseman
First Deputy Clerk

IN RE KAYLA M. NEVILLE

APPLYING FOR SUPERVISORY WRIT FROM THE TWENTY-FOURTH JUDICIAL DISTRICT
COURT, PARISH OF JEFFERSON, STATE OF LOUISIANA, DIRECTED TO THE HONORABLE
STEPHEN D. ENRIGHT, JR., DIVISION "N", NUMBER 816-050

Panel composed of Judges Marc E. Johnson,
Scott U. Schlegel, and Timothy S. Marcel

WRIT DENIED

Plaintiff, Kayla Neville, seeks review of the trial court’s June 12, 2024
judgment denying her Renewed Motion for Partial Summary Judgment.
Plaintiff filed this legal malpractice action against defendants, John Redmann
and the Law Office of John Redmann, alleging that the medical review panel
request that defendants filed on her behalf was untimely. In the sole
assignment of error raised in her writ application, plaintiff asserts that the trial
court erred by failing to rule that defendants were “the only parties who acted
negligently, and thus, were solely liable to Plaintiff for the untimely filing of
the Request for a Medical Review Panel against Dr. Felix Savoie.” Plaintiff
further contends that defendants are the sole cause of her damages and should
be held liable as a matter of law.

Plaintiff bases her request for partial summary judgment primarily on
her position that this Court’s prior ruling in In Re Medical Review Panel for
Claim of Kayla Marles Neville, 20-127 (La. App. 5 Cir. 6/30/20) (unpublished
writ decision), writ denied, 20-968 (La. 11/4/20), 303 So.3d 648, which
granted Dr. Savoie’s exception for prescription in the underlying medical
malpractice action, establishes defendants’ liability for legal malpractice as a
matter of law. It does not. This Court previously addressed and rejected this
argument in our decision reversing the trial court’s judgment granting
plaintiff’s original motion for partial summary judgment in Neville v.
Redmann, 22-175 (La. App. 5 Cir. 12/31/22), 356 So.3d 568, writ denied, 23-
126 (La. 4/4/23), 358 So.3d 861. Furthermore, following our de novo review,

we find that the trial court did not err by concluding that genuine issues of
material fact exist which preclude partial summary judgment in this matter.

Accordingly, this writ application is denied.1

Gretna, Louisiana, this 4th day of September, 2024.

SUS
MEJ
TSM

1
We further observe that plaintiff’s writ application failed to provide all attachments required by Uniform
Rules – Courts of Appeal Rule 4-5, including a copy of the trial court’s judgment, plaintiff’s renewed motion
for partial summary judgment, and defendants’ opposition and exhibits. We were only able to review these
items because defendants attached them to their opposition to the writ application.

SUSAN M. CHEHARDY CURTIS B. PURSELL

CHIEF JUDGE CLERK OF COURT

SUSAN S. BUCHHOLZ
FREDERICKA H. WICKER
CHIEF DEPUTY CLERK
JUDE G. GRAVOIS
MARC E. JOHNSON
STEPHEN J. WINDHORST LINDA M. WISEMAN
JOHN J. MOLAISON, JR.
FIRST DEPUTY CLERK
SCOTT U. SCHLEGEL
TIMOTHY S. MARCEL FIFTH CIRCUIT
MELISSA C. LEDET
JUDGES 101 DERBIGNY STREET (70053)
DIRECTOR OF CENTRAL STAFF
POST OFFICE BOX 489
GRETNA, LOUISIANA 70054 (504) 376-1400

(504) 376-1498 FAX
www.fifthcircuit.org

NOTICE OF DISPOSITION CERTIFICATE OF DELIVERY
I CERTIFY THAT A COPY OF THE DISPOSITION IN THE FOREGOING MATTER HAS BEEN
TRANSMITTED IN ACCORDANCE WITH UNIFORM RULES - COURT OF APPEAL, RULE 4-6 THIS
DAY 09/04/2024 TO THE TRIAL JUDGE, THE TRIAL COURT CLERK OF COURT, AND AT LEAST ONE OF
THE COUNSEL OF RECORD FOR EACH PARTY, AND TO EACH PARTY NOT REPRESENTED BY
COUNSEL, AS LISTED BELOW:

24-C-342
E-NOTIFIED
24th Judicial District Court (Clerk)
Honorable Stephen D. Enright, Jr. (DISTRICT JUDGE)
John O. Pieksen, Jr. (Relator) Michael G. Bagneris (Relator)
Melissa M. Lessell (Respondent) Karen P. Holland (Respondent)
Beverly A. Delaune (Respondent)

MAILED
Zackory K. Wood (Respondent) Blair E. Boyd (Respondent)
Attorney at Law Attorney at Law
601 Poydras Street 755 Magazine Street
Suite 1850 New Orleans, LA 70130
New Orleans, LA 70130