STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT GLORIA PITTS, LINNIE D. NO. 2024 CW 0492 JAMES, AND SANDRA WILLIAMS VERSUS PAGE 1 OF 2 BIO-MEDICAL APPLICATIONS OF LOUISIANA, LLC D/B/A AMITE ARTIFICIAL KIDNEY CENTER A/K/A FRESENIUS KIDNEY CARE AMITE, FRESENIUS MEDICAL CARE LOUISIANA DIALYSIS GROUP, LLC, TANGIPAHOA PARISH HOSPITAL SERVICE ISSUE #2 D/B/A HOOD MEMORIAL HOSPITAL, DR. CLAUDE C.

CRAIGHEAD, III, LOUISIANA MEDICAL MUTUAL INSURANCE COMPANY, AND CONTINENTAL AUGUST 12, 2024 CASUALTY COMPANY In Re: Fresenius Medical Care Louisiana Dialysis Group, LLC, Bio-Medical Applications of Louisiana, LLC D/B/A Amite Artificial Kidney Center A/K/A Fresenius Kidney Care Amite and Continental Casualty Company, applying for supervisory writs, 21st Judicial District Court, Parish of Tangipahoa, No. 20180002952.

BEFORE : WOLFE, MILLER, AND GREENE, Ju.

WRIT DENIED.

EW SMM Greene, J., dissents and would grant the writ application. I find defendants, Fresenius Medical Care Louisiana Dialysis Group, LLC, Bio-Medical Applications of Louisiana, LLC d/b/a Amite Artificial Kidney Center a/k/a Fresenius Kidney Care Amite and Continental Casualty Company, met their burden of proof on their exception of no right of action. Williams v. Genuine Parts Co., 2014-0857 (La. App. ist Cir. 1/8/15), 2015 WL 127974, *3 (unpublished). The birth certificates entered into evidence establish the decedent, Vernon Williams, and plaintiff, Gloria Pitts, do not have the same father or mother, as no father is identified in either birth certificate, and Vernon’s mother is identified as Ada Bell Williams and Gloria’s mother is identified as Isabel Williams. Except for delayed or altered certificates, every original certificate on file in the vital records registry is prima facie evidence of the facts stated therein. ka. R.S.

40:42. The testimony of Gloria Pitts regarding the identity of her mother is not competent to establish Isabel Williams is not her mother because such is the mere repetition of information she was told by persons who are now deceased and cannot be called to testify, and of which she is precluded from having personal knowledge. Succession of Gore, 2017-68 (La. App. 5th Cir. 5/31/17), 223 So.3d 628, 632-633. Thus, I would reverse the trial court’s April 11, 2024 judgment denying the exception of no right STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT 2024 CW 0492 PAGE 2 OF 2 of action filed by Fresenius Medical Care Louisiana Dialysis Group, LLC, Bio-Medical Applications of Louisiana, LLC d/b/a Amite Artificial Kidney Center a/k/a Fresenius Kidney Care Amite and Continental Casualty Company, and grant this exception, dismissing all claims of plaintiff, Gloria Pitts, against Fresenius Medical Care Louisiana Dialysis Group, LLC, Bio-Medical Applications of Louisiana, LLC d/b/a Amite Artificial Kidney Center a/k/a Fresenius Kidney Care Amite and Continental Casualty Company.

COURT OF APPEAL, FIRST CIRCUIT Lui Lead DEPUTY CLERK OF COURT FOR THE COURT