WALSTON v. LAKEVIEW REGIONAL MED., 2000-2936 (La. 12/15/00); 777 So.2d 1229

A.J. WALSTON, SURVIVING SPOUSE OF PATRICE WALSTON v. LAKEVIEW REGIONAL MEDICAL CENTER, DR. RANDALL JULEFF, DR. GREGORY GROGLIO, AND SHERRY FOY.

No. 2000-C-2936.Supreme Court of Louisiana.
December 15, 2000.

IN RE: Walston, A. J.; — Plaintiff; Applying for Writ of Certiorari and/or Review, Parish of St. Tammany, 22nd Judicial District Court Div. B, Nos. 97-12633; to the Court of Appeal, First Circuit, No. 99-CA-1920

Denied.

CDK

BJJ

JPV

CDT

CALOGERO, C.J., would grant the writ.

LEMMON, J., concurs in the denial of the application.

While I agree with plaintiff that a negligent breach of the standard of care may be inferred by the trier of fact without expert medical evidence, plaintiff must produce medical evidence in order to prove causation of the tort victim’s death.

KNOLL, J., would grant the writ.

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