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Durham v. Brown

Court of Appeal of Louisiana, Third Circuit

March 4, 2015

DAVID DURHAM, ET AL.
v.
DR. DAVID BROWN, ET AL

APPEAL FROM THE THIRTY-SIXTH JUDICIAL DISTRICT COURT, PARISH OF BEAUREGARD, NO. C-2013-0357. HONORABLE H. WARD FONTENOT, DISTRICT JUDGE.

John Gregory Bergstedt, Fraser, Wheeler & Bergstedt, Lake Charles, LA, COUNSEL FOR: Defendants/Appellees - Dr. David Brown and Dr. Chuen Kwok.

Randall Scott Iles, Lafayette, LA, COUNSEL FOR: Plaintiffs/Appellants - David Durham and Robert Durham.

René J. Pfefferle, Jennifer M. Durham, Watson, Blanche, Wilson & Posner, Baton Rouge, LA, COUNSEL FOR: Defendants/Appellees - West Louisiana Health Services, Inc., Beauregard Memorial Hospital Home Health Agency, and West Louisiana Health Services, Inc.

Court composed of Ulysses Gene Thibodeaux, Chief Judge, John D. Saunders, and Phyllis M. Keaty, Judges.

OPINION

Page 1150

[14-1042 La.App. 3 Cir. 1] THIBODEAUX, Chief Judge.

In this medical malpractice case, Plaintiffs David and Robert Durham appeal the trial court's grant of several medical providers' motions for summary judgment. Plaintiffs filed suit against Beauregard Memorial Hospital Home Health Agency, Dr. David Brown, and Dr. Chuen Kwok for allegedly providing negligent medical care to Plaintiffs' mother before her death. Defendants moved for summary judgment, contending Plaintiffs lacked the necessary expert testimony to meet their burden of proof at trial. At a hearing on the matter, Plaintiffs sought to prove their malpractice claim with letters purportedly written bye medical experts. The trial court did not consider the letters because they were not in affidavit or equally reliable form and ruled in favor of Defendants. Because we find Plaintiffs' letters are not of sufficient evidentiary quality to create a genuine issue of material fact, we affirm.

I.

ISSUE

We must determine whether the trial court erred in granting Defendants' motions for summary judgment.

II.

FACTS AND PROCEDURAL HISTORY

David and Robert Durham are the sons of Catherine Durham, a ...


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