STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT REV. STEFON A. WILLIAMS AND NO. 2021 CW 1325 JEFFREY E. WILLIAMS

VERSUS

DYNAMIC THERAPY, LLC, ET AL. DECEMBER 30, 2021

In Re: The Louisiana Patient' s Compensation Fund and the Louisiana Patient' s Compensation Oversight Board, applying for supervisory writs, 18th Judicial District Count, Parish of Iberville, No. 74984.

BEFORE: WHIPPLE, C. J., PENZATO AND HESTER, JJ.

WRIT GRANTED. The trial court' s July 7, 2021 judgment, which granted the Motion for New Trial filed by plaintiffs, Rev. Stefon A. Williams and Jeffrey E. Williams, vacated the trial court' s April 15, 2021 judgment denying plaintiffs' Petition to Approve Settlement, and granted plaintiffs' Petition to Approve Settlement, is reversed. The trial court abused its discretion in granting plaintiffs' Motion for New Trial as evidence introduced at the hearing on plaintiffs' Petition to Approve Settlement reveals that Plaquemine Manor Nursing Home, Inc. did not pay plaintiffs $ 100, 000. 00, the statutory minimum required to trigger the Louisiana Patient' s Compensation Fund' s statutory liability for excess damages. See Russo v. Vasquez, 94- 2407 La. 1/ 17/ 95), 648 So. 2d 879. Accordingly, plaintiffs' Motion for New Trial is denied.

VGW AHP CHH

COURT OF APPEAL, FIRST CIRCUIT

i DEPUTY CLERK OF COURT FOR THE COURT