BRANDI BILLEAUDEAU, ET AL.
OPELOUSAS GENERAL HOSPITAL AUTHORITY, ET AL.
FROM THE TWENTY-SEVENTH JUDICIAL DISTRICT COURT PARISH OF ST.
LANDRY, NO. 1 l-C-5112-D C/W 13-C-0097 HONORABLE D. JASON
MECHE, DISTRICT JUDGE
Hadican Samuels Tiffany A. Morales Kara Hadican Samuels &
Associates, LLC COUNSEL FOR PLAINTIFFS/APPELLANTS: Veronica
Billeaudeau, individually and as curatrix of Brandi
Billeaudeau Jennifer L. Thornton Christian S. Chaney Stanley,
Reuter, Ross, Thornton & Alford, LLC COUNSEL FOR
PLAINTIFFS/APPELLANTS: Veronica Billeaudeau, individually and
as curatrix of Brandi Billeaudeau, Joseph Billeaudeau
L. McReynolds J. Jerry Glas Karen P. Holland Deutsch
Kerrigan, L.L.P. COUNSEL FOR DEFENDANT/APPELLANT: Opelousas
General Hospital Authority
Nicholas Gachassin, III Gary J. Delahoussaye Brandon M.
Rhodes Gachassin Law Firm COUNSEL FOR DEFENDANT/APPELLANT:
Opelousas General Hospital Authority
P. Hebbler, Jr. Frances Irene McGinnis Hebbler &
Giordano, LLC COUNSEL FOR DEFENDANT/APPELLANT: Nautilus
D. Fagan Anton L. Hasenkampf Leake & Andersson, LLP
COUNSEL FOR DEFENDANT/APPELLEE: National Union Fire Insurance
Company of Pittsburgh, PA
William H. Parker, III Jacob E. Favaron Allen & Gooch
COUNSEL FOR DEFENDANT/APPELLEE: Louisiana Patients'
Compensaton Fund (Opelousas General Hospital) Louisiana
Patients' Compensation Fund (Dr. K. Skirlis-Zavala)
Gregory Vidrine Mahtook & LaFleur COUNSEL FOR
DEFENDANT/APPELLEE: Opelousas General Hospital
Alexander T. Reinboth Louisiana Department of Justice, Civil
COUNSEL FOR DEFENDANT/APPELLEE: State of Louisiana
composed of Phyllis M. Keaty, John E. Conery, and Van H.
plaintiffs, Veronica Billeaudeau, individually and as
curatrix of Brandi Billeaudeau, and Joseph Doyle Billeaudeau,
appeal the trial court judgment granting partial summary
judgment in favor of the defendant, Opelousas General
Hospital Authority, ordering that during the trial fault
would be allocated according to claims and parties. For the
following reasons, we affirm.
AND PROCEDURAL HISTORY
Billeaudeaus initially filed a claim under the Louisiana
Medical Malpractice Act (MMA), La.R.S. 40:1231.1, et seq.,
and later filed suit alleging medical malpractice and general
negligence against Opelousas General Hospital Authority
(OGH), among other defendants, for serious injuries allegedly
sustained by their daughter, Brandi, while she was being
treated in the emergency department at OGH on June 20, 2010.
Also named as a defendant was Nautilus Insurance Company
(Nautilus), OGH's general liability insurer. The facts of
this matter were set forth in detail by this court in
Billeaudeau v. Opelousas General Hospital Authority,
15-1034 (La.App. 3 Cir. 4/6/16), 189 So.3d 561, writ
granted, 16-846 (La. 6/28/16), 192 So.3d 781, wherein we
held that the Billeaudeaus' negligent credentialing claim
sounded in general negligence, as opposed to medical
malpractice which would be pursued under the MMA. The supreme
court reviewed the case and affirmed. Billeaudeau v.
Opelousas Gen. Hosp. Auth., 16-846 (La. 10/19/16), 218
Billeaudeaus have settled their medical malpractice claims
against Dr. Zavala and OGH, while reserving their right to
seek damages in excess of $200, 000.00 against the Louisiana
Patient's Compensation Fund and Oversight Board (PCF),
for Dr. Zavala's and OGH's medical malpractice,
according to the provisions of the MMA. The Billeaudeaus also
reserved their claim for negligent credentialing against OGH,
which was carved out of the medical
malpractice claim, and is currently set for trial.
the decisions by this court and the supreme court, holding
that the Billeaudeaus' negligent credentialing claim
falls outside the scope of the MMA, OGH filed a Motion for
Partial Summary Judgment on Need to Allocate Fault to Claims
(Not Parties). In the motion, OGH asked that the trial court
require the jury to allocate a percentage of fault to each
party, Dr. Zavala and OGH, and to further assign a particular
percentage of fault for both theories of liability asserted
against OGH: medical malpractice and negligent credentialing.
The motion was heard on May 5, 2017, after which the trial
court granted the motion and later issued a written judgment
on July 26, 2017, stating:
[T]he Motion for Partial Summary Judgment on Need to Allocate
Fault to Claims (Not Parties) of Opelousas General Hospital
Authority is GRANTED and there is judgment herein decreeing
that at the trial of this matter each of plaintiffs'
separate causes of action against OGH for (1) malpractice and
(2) negligent credentialing shall be assigned separate
percentages of fault attributable, if any, to those
respective claims or causes of action.
from this judgment that the Billeaudeaus appeal.
appeal, the Billeaudeaus raise one assignment of error:
The trial court failed to interpret La. Civ. Code art. 2323
and La. C. Civ. P. art. 1812(C) properly when it granted
OGH's motion for partial summary judgment and ruled that
the fact-finder must apportion fault between the
Plaintiffs' two causes of action ...