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Keywords

plaintiffdefendantlitigationnegligenceliabilityappealtrialtestimonymotionsummary judgmentwillexpert witnessmotion for summary judgment
plaintiffdefendantlitigationappealtrialtestimonypleasummary judgmentwill

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Jones v. Black, 145 So.3d 402, 2013-1889 (La.App. 1 Cir. 5/2/14)

Facts

The litigation began when Janie Jones filed a petition against Dr. William Black and his insurer, alleging negligence during the delivery of her daughter, Destinee. Jones claimed that Dr. Black improperly used forceps, causing Destinee to suffer a retrobulbar hemorrhage and permanent vision loss. The case went to trial, where the jury found in favor of Jones, but the Court of Appeal later reversed this decision, leading to a Supreme Court remand for a new trial. During the retrial, the trial court granted a motion for summary judgment in favor of the defendants, which Jones appealed.

This litigation began approximately twenty-four years ago when the plaintiff, Janie Jones, individually and on behalf of her minor daughter, Destinee Jones, filed a petition against Dr. William Black and his insurer, Louisiana Medical Mutual Insurance Company (LAMMICO), alleging that Dr. Black breached the standard of care during the birth and delivery of Destinee.

Issue

The main legal issues included whether the trial court erred in applying the doctrine of res judicata, whether it improperly excluded expert testimony, and whether it correctly granted summary judgment in favor of the defendants.

The main legal issues included whether the trial court erred in applying the doctrine of res judicata, whether it improperly excluded expert testimony, and whether it correctly granted summary judgment in favor of the defendants.

Rule

The court applied the principles of res judicata, issue preclusion, and the standards for admitting expert testimony, including the qualifications of experts and the reliability of their methodologies.

The burden of proving the facts essential to sustaining an exception of res judicata is on the party pleading the exception.

Analysis

The Court of Appeal found that the trial court erred in sustaining the exception of res judicata because the prior judgments were not final. It also determined that the trial court abused its discretion by excluding the testimony of several expert witnesses who were qualified to testify about the standard of care and causation. The court emphasized that the trial court's rulings on expert qualifications and the exclusion of testimony were not supported by the evidence.

Absent a final judgment, the exception of res judicata has no basis, and the trial court erred in sustaining the exception and precluding Jones from presenting any argument, testimony, or other evidence on the issue of informed consent at the trial.

Conclusion

The Court of Appeal affirmed in part, reversed in part, and remanded the case for further proceedings, concluding that the trial court made several errors that warranted a new trial.

The Court of Appeal affirmed in part, reversed in part, and remanded the case for further proceedings, concluding that the trial court made several errors that warranted a new trial.

Who won?

The plaintiffs, Janie Jones and Destinee Jones, prevailed in part as the Court of Appeal reversed the trial court's decisions that had dismissed their claims and excluded expert testimony.

The plaintiffs, Janie Jones and Destinee Jones, prevailed in part as the Court of Appeal reversed the trial court's decisions that had dismissed their claims and excluded expert testimony.

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