Susan West and Karen Trebes v. Baton Rouge General Medical Center ( 2020 )

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT
SUSAN WEST AND KAREN TREBES NO. 2019 CW 1546
VERSUS
BATON ROUGE GENERAL MEDICAL FEB 18 2020
CENTER
In Re: Baton Rouge General Medical Center, applying for
supervisory writs, 19th Judicial District Court,
Parish of East Baton Rouge, No. 633, 393.
BEFORE: HIGGINBOTHAM, PENZATO, AND LANIER, JJ.
WRIT DENIED. The criteria set forth in Herlitz
Construction Co., Inc. v. Hotel Investors of New Iberia, Inc.,
396 So. 2d 878 ( La. 1981) ( per curiam), are not met.
TMH
WIL
Penzato, J., dissents. Based on her extensive education,
training, and experience, Nurse Barrier is qualified to provide
such an opinion as to the standard of care of a nursing aide in
repositioning patients. See La. Code Evid. art. 702; Cheairs v.
State ens rel. Department of Transportation and Development,
2003- 0580 ( La. 12/ 3/ 03), 861 So. 2d 536, 542.
COURT OF APPEAL, FIRST CIRCUIT
v
DEPUTY CL RK OF COURT
FOR THE COURT