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PHIL MILEY, MARK MILEY AND NO. 2025 CW 0770 MELISSA MILEY VERSUS

MELVIN ELIESON, M. D., VERNON KEITH RHYMES, M. D., OUR LADY OF THE LAKE HOSPITAL, INC. D/ B/ A OUR LADY OF THE LAKE REGIONAL MEDICAL CENTER, JULES PARR, CRNA AND KEVIN ANDERSON, M. D. LOUISIANA MEDICAL MUTUAL INSURANCE COMPANY, EVANSTON INSURANCE COMPANY, ABC INSURANCE COMPANY AND DEF INSURANCE COMPANY OCTOBER 23, 2025

In Re: Melvin Joseph Elieson, M. D. and Louisiana Medical Mutual Insurance Company, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 587275.

BEFORE: THERIOT, PENZATO, AND BALFOUR, JET.

WRIT GRANTED IN PART AND DENIED IN PART. The portion of the trial court' s July 11, 2025 judgment which granted the Motion in Limine to exclude evidence of dismissed previously parties, including SRNA Brian Pennington, filed by plaintiffs, Mark Miley and Melissa Miley, is reversed. The Louisiana Fifth Circuit Court of Appeal has held that the statutory protections for a medical malpractice defendant dismissed by summary judgment, who can no longer be allocated fault or found liable, do not prohibit a current defendant from calling treating physicians to testify as to their observations and treatment of the patient and his condition. Detillieu v. Louisiana Med. Mut. Ins. Co., 2023- 226 La. App. 5th Cir. 7/ 9/ 24), 392 So. 3d 918, 933. This court agrees.

Further, to the extent be expert testimony would offered and implications of fault of a dismissed party were to arise, the parties could certainly object to that questioning at the time, if warranted. Id. In all other respects, the writ is denied.

MRT ARP KEB

COURT OF APPEAL, FIRST CIRCUIT