STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT SUSAN WEST AND KAREN TREBES NO. 2019 CW 1546

VERSUS

BATON ROUGE GENERAL MEDICAL FEB 18 2020 CENTER

In Re: Baton Rouge General Medical Center, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 633, 393.

BEFORE: HIGGINBOTHAM, PENZATO, AND LANIER, JJ.

WRIT DENIED. The criteria set forth in Herlitz Construction Co., Inc. v. Hotel Investors of New Iberia, Inc., 396 So. 2d 878 ( La. 1981) ( per curiam), are not met.

TMH WIL

Penzato, J., dissents. Based on her extensive education,

training, and experience, Nurse Barrier is qualified to provide such an opinion as to the standard of care of a nursing aide in repositioning patients. See La. Code Evid. art. 702; Cheairs v. State ens rel. Department of Transportation and Development, 2003- 0580 ( La. 12/ 3/ 03), 861 So. 2d 536, 542.

COURT OF APPEAL, FIRST CIRCUIT

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DEPUTY CL RK OF COURT FOR THE COURT