Opinion

Smith v. Our Lady of the Lake Hospital, Inc.

  • 639 So. 2d 730
  • 1994 La. LEXIS 1873
  • 1994 WL 317237
Court
Supreme Court of Louisiana
Filed
Jul 5, 1994
Status
Published
Author
Lemmon
On the bench
Ihall, Lemmon
Cited by
984 cases

explaining that: “A ‘genuine issue’ is a ‘triable issue.’ More Imprecisely, ‘[a]n issue is genuine - if reasonable persons could disagree.’ ”

How later courts described this case

  • explaining that: “A ‘genuine issue’ is a ‘triable issue.’ More Imprecisely, ‘[a]n issue is genuine - if reasonable persons could disagree.’ ”
  • holding that a | %de novo standard applies in reviewing a trial court’s decision granting summary judgment
  • robbery and fear of imminent sexual abuse
  • “affidavits ... questioning the propriety of the disciplinary action do not support the allegations of bad faith and malice; they simply question the medical judgment upon which the disciplinary action was based”

Written by the judges who cited it.

The opinion

LEMMON, Judge,

concurring.

However, once the individual staff members and doctors are dismissed by summary judgment based on the immunity conferred by La. 13:3715.3C, the corporate defendants who acted through the released individuals may be entitled to summary judgment on other grounds. Rehearing applicants may raise the issue by another motion for summary judgment.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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