STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT BARNEST WILLIAMS (D), ET AL NO. 2025 CW 0733 VERSUS UNITED MEDICAL HEALTHCARE INC. D/B/A UNITED MEDICAL REHABILITATION HOSPITAL AND DISC OF LOUISIANA HOLDINGS, LLC D/B/A DISC OF LOUISIANA, INC, OCTOBER 27, 2025 In Re: Dr. Jeremy James, Garrett Simoneaux, P.A., Diagnostic and Interventional Spinal Care of Louisiana, Inc., DISC of Louisiana Holdings, LLC, Habibi Holdings, LLC and Dr. Khader Samer Shamieh, applying for supervisory writs, Zist Judicial District Court, Parish of Tangipahoa, No. 20201288.

BEFORE: THERIOT, MILLER, AND BALFOUR, JJ.

WRIT DENIED. The criteria set forth in Herlitz Const. Co., Inc. v. Hotel Investors of New Iberia, Inc., 396 So.2d 878 (La. 1981) (per curiam) are not met.

SMM Theriot, J., dissents and would grant the writ. Where the relators identified Dr. Milan G. Mody (“Dr. Mody”) as an expert witness in their discovery responses prior to the discovery deadline, I find the trial court abused its discretion in excluding Dr. Mody’s affidavit. I further find that plaintiffs failed to meet their burden to show there is no genuine issue of material fact or that they are entitled to judgment as a matter of law. See also Amedee v. Aimbridge Hospitality LLC, 2021-01906 (La. 10/21/22), 351 So.3d 321, 333 (“Where the affirmative defense is the comparative fault of others, La. [Civ. Code] art. 2323 requires the trier of fact to make a determination as to the fault of all parties.”); Gilboy v. American Tobacco Co., 582 So.2d 1263, 1266 (La. 1991) (noting considerations affecting the comparative fault must be determined at trial on the merits). Therefore, I would deny the Motion for Partial Summary Judgment and to Strike Defendants’ Affirmative Defenses filed by plaintiffs. ~COURT OF APPEAL, FIRST CIRCUIT | \ . 4) Oy fA NO TD) NEO DEPUTY CLERK OF COURT FOR THE COURT [Ss