DENNIS GIBSON INDIVIDUALLY AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED v. NATIONAL HEALTHCARE OF LEESVILLE INC BYRD REGIONAL HOSPITAL (2022)

Court of Appeal of Louisiana, Third Circuit.

DENNIS GIBSON, INDIVIDUALLY AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED v. NATIONAL HEALTHCARE OF LEESVILLE, INC., D/B/A BYRD REGIONAL HOSPITAL

21-757

Decided: March 15, 2022

Court composed of Elizabeth A. Pickett, Candyce G. Perret, and Jonathan W. Perry, Judges.

David R. Kelly, Thomas R. Temple, Jr., Chris D. Billings, Breazeale, Sachse & Wilson, LLP, Post Office Box 3197, Baton Rouge, LA 70821, (225) 387-4000, COUNSEL FOR DEFENDANT-APPLICANT/APPELLANT, National Healthcare of Leesville, Inc. D/B/A Byrd Regional Hospital J. Lee Hoffass, Jr., Claude P. Devall, Donald W. McKnight, Hoffoss Devall, LLC, 517 West College Street, Lake Charles, LA 70605, (337) 433-2053, COUNSEL FOR PLAINTIFF-RESPONDENT/APPELLEE, Dennis Gibson Scott R. Bickford, Lawrence J. Centola, III, Martzell, Bickford & Centola, PC, 338 Lafayette Street, New Orleans, LA 70130, (504) 581-9065, COUNSEL FOR PLAINTIFF-RESPONDENT/APPELLEE, Dennis Gibson Derrick Earles, Laborde Earles Law Firm, 1901 Kaliste Saloom Road, Lafayette, LA 70508, (337) 777-7777, COUNSEL FOR PLAINTIFF-RESPONDENT/APPELLEE, Dennis Gibson Edwin Dunahoe, Jared Dunahoe, The Dunahoe Law Firm, Post Office Box 607, Natchitoches, LA 71458-0607, (318) 352-1999, COUNSEL FOR PLAINTIFF-RESPONDENT/APPELLEE, Dennis Gibson

PERRET, Judge.

For the reasons set forth in the consolidated case, Gibson v. National Healthcare of Leesville, Inc., D/B/A Byrd Regional Hospital, 21-369 (La.App. 3 Cir. __/__/23), __ So.3d __, the June 17, 2021 Judgment denying National Healthcare of Leesville's motion for summary judgment and motion for decertification of the class action is affirmed. All costs of this matter are assessed to National Healthcare of Leesville, Inc., d/b/a Byrd Regional Hospital.

WRIT DENIED; DENIAL OF MOTION TO DECERTIFY CLASS ACTION AFFIRMED.

CANDYCE G. PERRET JUDGE

Pickett, Chief Judge, dissents and assigns reasons.

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