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.