SMITH v. TOURO INFIRMARY (2019)

Writ denied.

In this medical malpractice action, I would grant the defendants' writ application to determine the correctness of the court of appeal's reversal of the trial court's grant of summary judgment in their favor. Specifically, the issue presented is whether non-settling state healthcare providers are entitled to judgment as a matter of law when plaintiff previously confected a settlement with non-state healthcare providers which met the medical malpractice cap under La. R.S. 40:1231.2(B)(1). As the amicus brief aptly noted, the jurisprudence in this State has long recognized a “single comprehensive cap” on damages where there is only one distinct injury. See Kelty v. Brumfield, 93-1142 (La. 2/25/94), 633 So.2d 1210. While the injury in this case is devastating, it is but one event and appears to be subject to one damages cap. In my view, proceeding to trial in this instance will be an expensive, useless, and time-consuming act. Thus, I would grant this application, assign the case for briefing, and allow the parties to request oral argument pursuant to La. C.C.P. art. 966(H).

Crichton, J., would grant and assigns reasons.