Rev. Stefon A. Williams and Jeffery E. Williams v. Dynamic Therapy, LLC ( 2021 )

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT
REV. STEFON A. WILLIAMS AND NO. 2021 CW 1325
JEFFREY E. WILLIAMS
VERSUS
DYNAMIC THERAPY, LLC, ET AL. DECEMBER 30, 2021
In Re: The Louisiana Patient' s Compensation Fund and the
Louisiana Patient' s Compensation Oversight Board,
applying for supervisory writs, 18th Judicial District
Count, Parish of Iberville, No. 74984.
BEFORE: WHIPPLE, C. J., PENZATO AND HESTER, JJ.
WRIT GRANTED. The trial court' s July 7, 2021 judgment,
which granted the Motion for New Trial filed by plaintiffs, Rev.
Stefon A. Williams and Jeffrey E. Williams, vacated the trial
court' s April 15, 2021 judgment denying plaintiffs' Petition to
Approve Settlement, and granted plaintiffs' Petition to Approve
Settlement, is reversed. The trial court abused its discretion
in granting plaintiffs' Motion for New Trial as evidence
introduced at the hearing on plaintiffs' Petition to Approve
Settlement reveals that Plaquemine Manor Nursing Home, Inc. did
not pay plaintiffs $ 100, 000. 00, the statutory minimum required
to trigger the Louisiana Patient' s Compensation Fund' s statutory
liability for excess damages. See Russo v. Vasquez, 94- 2407
La. 1/ 17/ 95), 648 So. 2d 879. Accordingly, plaintiffs' Motion
for New Trial is denied.
VGW
AHP
CHH
COURT OF APPEAL, FIRST CIRCUIT
i DEPUTY CLERK OF COURT
FOR THE COURT