GARY v. WOMEN CHILDREN HOSPITAL OF DELAWARE (2018)

United States Court of Appeals, Fifth Circuit.

Jody Lynn GARY, Plaintiff - Appellant v. WOMEN & CHILDREN'S HOSPITAL OF DELAWARE L.L.C., also known as Lake Area Medical Center, Defendant - Appellee

No. 18-30468

Decided: December 13, 2018

Before HIGGINBOTHAM, GRAVES, and WILLETT, Circuit Judges.

Zita Marie Andrus, Esq., Christopher C. McCall, Baggett, McCall, Burgess, Watson & Gaughan, Lake Charles, LA, for Plaintiff - Appellant Robert Irby Baudouin, Esq., Kelly McCall Brian, Blue Williams, L.L.P., Metairie, LA, for Defendant - Appellee

Jody Lynn Gary appeals the district court’s denial of her motions to amend and to remand and its grant of summary judgment in favor of Women & Children’s Hospital of Delaware L.L.C. in this diversity action for alleged damages resulting from a slip and fall. We have considered this appeal based on the briefs, the record, and the applicable law. Having done so, we conclude that the matter should be affirmed, essentially for the reasons stated by the district court. Because the district court did not abuse its discretion in denying the motions to amend and to remand and did not err in granting summary judgment, we AFFIRM.

FOOTNOTES

FOOTNOTE.

PER CURIAM: * FN* Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

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