Kimberly Brooke Labauve v. Louisiana Medical Mutual Ins. Co.

STATE OF LOUISIANA
COURT OF APPEAL, THIRD CIRCUIT

19-848

KIMBERLY BROOKE LABAUVE, ET AL.

VERSUS

LOUISIANA MEDICAL MUTUAL INS. CO., ET AL.

Pickett, J., dissents and assigns written reasons.

I respectfully dissent from the opinion reversing the jury’s verdict. In my

view, the trial court did not abuse its discretion in limiting the testimony of Dr.

Kozin, the orthopedist who treated Molly. The majority determines that the trial

court abused its discretion because the excluded testimony concerned the cause of

Molly’s injuries, not the standard of care of an obstetrician.

The jury found that Dr. Elias did not breach the standard of care. The evidence

presented at trial supports two views of the evidence, and the jury made a reasonable

determination. The majority relies on Dr. Kozin’s previously excluded causation

testimony to determine that, when considered with the remaining evidence

introduced at trial, no reasonable person could find that Dr. Elias breached the

standard of care applicable to obstetricians.

I would affirm the judgment of the trial court.

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