POCOCK v. LULING LIVING CENTER LLC LLC (2023)

Writ application denied.

I would grant the writ application. Louisiana Code Civ. Proc. art. 967(A) provides, “[s]worn or certified copies of all papers or parts thereof referred to in an affidavit shall be attached thereto or served therewith.” (Emphasis added). In opposition to defendant's motion for summary judgment, plaintiff submitted the affidavit of Dr. Warner, who averred that he had reviewed plaintiff's medical records and other documents, and concluded defendants breached the applicable standard of care. Plaintiff failed to attach sworn or certified copies of those referenced medical records to the affidavit as required. Thus, I would reverse the trial court and court of appeal, and grant defendant's motion to strike the affidavit of Dr. Warner. Although the codal articles as written demand a severe result in this case, until changed by the legislature, I am bound to apply them.

Crain, J., would grant. McCallum, J., would grant and assigns reasons.