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

> Supreme Court of Louisiana · July 5, 1994 · 639 So. 2d 730

URL: https://www.frixlaw.com/law-library/cases/7681390

## Case

- **Full name:** Prentiss E. SMITH, M.D. v. OUR LADY OF THE LAKE HOSPITAL, INC., d/b/a Our Lady of the Lake Regional Medical Center, Kenneth C. Cranor, M.D., A. Foster Sanders, M.D., Donald R. Cowick, M.D., W. Howard Kisner, M.D., M.J. Rathbone, Jr., M.D., Louis P. Laville, Jr., M.D., B. Eugene Berry, M.D., W. Redfield Bryan, M.D., Mr. Sidney Duplessis, Mr. W.H. LeBlanc, Jr., Mr. Roland Toups, Mr. Robert Davidge, and Others Whose Identities and/or Roles Are Unknown to at This Time
- **Court:** Supreme Court of Louisiana
- **Decided:** July 5, 1994
- **Citations:** 639 So. 2d 730; 1994 La. LEXIS 1873; 1994 WL 317237
- **Precedential status:** Published
- **Opinion:** Concurrence by Lemmon
- **Judges:** Ihall, Lemmon
- **Cited by:** 984 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/7681390

## How later opinions describe it (automated extraction)

- 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

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/7681390. Public record. Not legal advice.