KIM A. GUILLORY
CHRISTUS HEALTH CENTRAL LOUISIANA, ET AL.
FROM THE NINTH JUDICIAL DISTRICT COURT PARISH OF RAPIDES, NO.
226, 541 HONORABLE THOMAS M. YEAGER, DISTRICT JUDGE
W. Harris Rebecca Boyett Harris Law Firm COUNSEL FOR
PLAINTIFF/APPELLEE: Kim A. Guillory.
G. Hunter Hunter & Beck COUNSEL FOR PLAINTIFF/APPELLEE:
Kim A. Guillory.
Brandon A. Sues Sarah Spruill Couvillon Gold, Weems, Bruser,
Sues & Rundell COUNSEL FOR DEFENDANT/APPELLANT: Christus
Health Central Louisiana.
M. Williams Attorney at Law COUNSEL FOR DEFENDANT/APPELLEE:
Estate of George Washington Thompson.
composed of John D. Saunders, Phyllis M. Keaty, and John E.
D. SAUNDERS, JUDGE
appeal arises from a slip and fall case where Plaintiff fell
on Defendant's premises. Plaintiff pursued a suit against
Defendant and was granted Partial Summary Judgment regarding
Defendant's liability based on Defendant's
Admissions. Defendant had previously filed a Motion to
Withdraw and Amend these admissions but its motion was
denied. It is from this denial and the granting of
Plaintiff's Motion for Partial Summary Judgment that
AND PROCEDURAL HISTORY:
January 9, 2006, Kim A. Guillory, hereinafter
"Plaintiff, " was injured after he slipped and fell
on a ramp on CHRISTUS Health Central Louisiana's
premises, hereinafter "Defendant, " at CHRISTUS St.
Frances Cabrini Hospital. Plaintiff was walking on the sloped
ramp of the sky bridge when he slipped and fell.
December 20, 2006, Plaintiff filed a Petition for Damages.
Thereafter, Plaintiff submitted Requests for Admissions of
Fact to Defendant with an incorrect accident date.
Subsequently, Plaintiff filed a First Supplemental and
Amended Petition for Damage on or about January 21, 2013,
amending the original Petition with the correct date of the
accident, January 9, 2006.
13, 2012, in their Responses to Plaintiff's First Set of
Requests for Admissions, Defendant admitted that Plaintiff
fell in water at Cabrini Hospital, that the source of the
water was under its control, and that the water was a result
of mopping the ramp area. Video footage revealed a custodian
employed by Defendant mopping the ramp and removing the
warning signs upon completion of the mopping minutes prior to
the course of discovery, Defendant answered the First Set of
Interrogatories, Requests for Production of Documents and
Requests for Admission on June 13, 2012, August 13, 2012, and
September 28, 2012. Plaintiff made four requests over the
course of the discovery phase to Defendant to supplement
their discovery requests, specifically on September 12, 2012,
and January 21, 2013, to Jeremy Cedars, the prior counsel of
record, and again on April 24, 2013, and June 30, 2015, to
Brandon Sues, the current counsel of record.
on the timeline before the court, nearly three years passed
from the time the Defendant answered Plaintiff's First
Set of Requests for Admissions to when Defendant attempting
to amend its responses to those requests. Moreover, over nine
years passed from the time of the accident and
Defendant's attempt to amend its responses.
Plaintiff filed a Motion for Summary Judgment and Motion in
Liminie to exclude Defendant's expert. On April 14, 2016,
Defendant served Plaintiff with Amended Answers to Discovery
with different responses and admissions than those previously
submitted on June 13, 2012, August 13, 2012, and September
28, 2012. Defendant attempted to amend its prior responses to
Requests for Admissions on April 15, 2016. Defendant also
filed an Opposition to Plaintiff's Motion for Partial
Summary Judgment. Defendant filed a Motion to Withdraw and
Amend on April 28, 2016.
13, 2016, a hearing was held on Defendant's Motion to
Amend its prior Responses to Requests for Admissions. The
trial court denied this motion. Next, the trial court held a
hearing on Plaintiff's Motion for Partial Summary
Judgment, which was subsequently granted.
Plaintiff filed a Motion for New Trial, Defendant filed writ
applications with this court asserting assignments of error
for both the trial court's granting of Plaintiff's
Motion for Partial Summary Judgment as well as the denial of
Defendant's Motion for Court Approval to Permit
Withdrawal to Amend Prior Responses and Requests for
Admissions. This court denied both writ applications.
August 8, 2016, a hearing was held on Plaintiff's Motion
for New Trial on the Motion for Partial Summary Judgment,
which was denied and an order signed on August 22, 2016.
Defendant filed a Motion for Devolutive and/or Suspensive
Appeal on September 1, 2016, which was granted on September
6, 2016. Defendant asserts the following four assignments of
1. The Trial Court abused its discretion in denying Cabrini
Hospital's Motion for Court Approval to Permit Defendant
to Withdraw and Amend Responses to Plaintiff's First Set
of Requests for Admissions where the admissions were clearly
incorrect when made, are no longer true based on new
evidence, and where no evidence of any prejudice to the
plaintiff was presented.
2. The Trial Court committed legal error in granting the
Plaintiff's Motion for Partial Summary Judgment where
clear genuine issues of material fact exist.
3. The Trial Court committed legal error in granting
Plaintiff's Motion for Partial Summary Judgment because
it did not dispose of all issues of liability, i.e.,
plaintiff's comparative fault.
4. The Trial Court committed legal error in granting
Plaintiff's Motion for Partial Summary Judgment by
relying solely on defendant's prior incorrect Responses
to Requests for Admissions and Unverified Interrogatory
Answers and failing to consider Defendant's Verified
Supplemental and Amending Interrogatory Answers and expert