STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT GERALD TAYLOR NO. 2021 CW 1232

VERSUS

LTAC HOSPITAL OF FELICIANA, MARCH 4, 2022 LLC D/ B/ A AMG SPECIALTY HOSPITAL

In Re: LTAC Hospital of Feliciana, LLC D/ B/ A AMC Specialty Hospital, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 698791.

BEFORE: GUIDRY, HOLDRIDGE, AND CHUTZ, JJ.

WRIT GRANTED. The judgment of the district court dated September 20, 2021, denying the motion for summary judgment filed by defendant, LTAC Hospital of Feliciana, LLC D/ B/ A AMC Specialty Hospital, is reversed. As to his medical malpractice claims, the plaintiff, Gerald Taylor, failed to produce factual support sufficient to establish the existence of a genuine issue of material fact as to a causal link between the defendant' s alleged negligent action and the plaintiff' s injury, which is a necessary element of his claim. See La. R. S. 9: 2794( A); Samaha v. Rau, 2007- 1726 ( La. 2/ 26/ 08), 977 So. 2d 880, 883- 4. Further, regarding the plaintiff' s negligent infliction of emotional distress claims, he failed to produce factual support sufficient to establish a genuine issue of material fact regarding the emotional severity of his damages, which is an essential element of his claim. See Moresi v. State Through Department of Wildlife and Fisheries, 567 So. 2d 1081, 1095 ( La. 1990). Therefore, the motion for summary judgment filed by the defendant is granted, and the plaintiff' s claims are dismissed.

JMG GH WRC

COURT OF APPEAL, FIRST CIRCUIT

DEPUTY CLERK OF COURT FOR THE COURT