Debra Wicker, individually and on behalf of her son, Ladarius Wicker v. Fresenius Medical Care Capital City, LLC d/b/a Fresenius Kidney Care Ascension, Abigail Nobles, RN and Trinette George PCT ( 2023 )

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT
DEBRA WICKER, INDIVIDUALLY NO. 2023 CW 0291
AND ON BEHALF OF HER
DECEASED SON, LADARIUS
WICKER
VERSUS
FRESENIUS MEDICAL CARE SEPTEMBER 27, 2023
CAPITAL CITY, LLC D/B/A
FRESENIUS KIDNEY CARE
ASCENSION, ABIGAIL NOBLES,
RN AND TRINETTE GEORGE PCT
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In Re: Fresenius Medical Care Capital City, LLC D/B/A
Fresenius Kidney Care Ascension, Abigail Nobles, RN,
and Trinette George, PCT, applying for supervisory
writs, 23rd Judicial District Court, Parish of
Ascension, No. 133397.
BEFORE: GUIDRY, C.J., McCLENDON AND WELCH, JJ.
WRIT GRANTED. The district court's March 16, 2023 judgment
denying the motion for summary judgment filed by the Defendants
is hereby reversed. When the burden shifted to the Plaintiff,
the substantive law, under the facts of this case, required her
to do more than simply identify an expert, but further required
her to produce expert testimony to establish that she had
factual support to prove an essential element of her claim;
namely, the applicable standard of care and whether the
Defendants breached that standard. See Jones v. Baton Rouge
Gen. Med. Ctr.-Bluebonnet, 2020-1250 ( La. App. 1st Cir. 6/4/21),
327 So.3d 512, 516; McGrew v. Waguespack, 2015-1891 ( La. App.
1st Cir. 6/3/16), 2016 WL 3132149, at * 4-5, writ denied, 2016-
1560 ( La. 11/18/16), 210 So.3d 286.
As the Plaintiff failed to produce any expert testimony,
she failed to establish the existence of a genuine issue of
material fact or that the Defendants are not entitled to
judgment as a matter of law. Accordingly, we hereby grant the
motion for summary judgment filed by the Defendants, Fresenius
Medical Care Capital City d/b/a Fresenius Kidney Care Ascension,
Abigail Nobles, RN, and Trinette George, PCT, to dismiss the
claims asserted by the Plaintiff, Debra Wicker, individually and
on behalf of her deceased son, Ladarius Wicker, against these
defendants, with prejudice.
JMG
PMc
JEW
COURT OF APPEAL, FIRST CIRCUIT
DEPUTY CLERK OF COURT
FOR THE COURT