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Whittington v. Hospice Care Servs. of La., L.L.C.

Supreme Court of Louisiana

April 17, 2015

MARLA B. WHITTINGTON
v.
HOSPICE CARE SERVICES OF LOUISIANA, L.L.C. AND MARLA B. WHITTINGTON
v.
HOSPICE CARE SERVICES OF LOUISIANA, L.L.C. AND LIFE HOSPICE, LLC

ON WRIT OF CERTIORARI TO THE COURT OF APPEAL, FIRST CIRCUIT, PARISH OF EAST BATON ROUGE.

GUIDRY, J., dissents and would deny the writ application. J. Clark would deny the writ application.

OPINION

PER CURIAM

Writ granted. The judgment of the Court of Appeal, First Circuit, is reversed and set aside, and the judgment of the trial court, insofar as it granted defendants' motion for summary judgment, is vacated. We find there are material issues of fact that preclude defendants' entitlement to summary judgment. Specifically, and as explained by Judge Welch in his dissent, we find that defendants' motion for summary judgment should have been

Page 589

denied, because there are genuine issues of material fact that exist and that can provide a factual basis to support plaintiff's claims at this stage of the case. See La. Code Civ. P. art. 966(C)(1). This case is remanded to the district court for further proceedings.

REVERSED AND REMANDED.


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