Opinion · Louisiana Court Opinions

SMITH v. OUR LADY OF THE LAKE HOSP., 96-1837 (La. 9/27/96); 680 So.2d 1163

680 So.2d 1163

Type
Opinion
Court
Louisiana Court Opinions
Jurisdiction
Louisiana
Date
1996-09-27
Topic
general

SMITH v. OUR LADY OF THE LAKE HOSP., 96-1837 (La. 9/27/96); 680 So.2d 1163 IN RE: PRENTISS E. SMITH, M.D. v. OUR LADY OF THE LAKE HOSPITAL, ET AL No. 96-CC-1837Supreme Court of Louisiana. September 27, 1996 IN RE: Our Lady/Lake Hospital; Our Lady/Lake Medical Center; Cranor, Kenneth C.

Citator

UpLaw has not yet analyzed SMITH v. OUR LADY OF THE LAKE HOSP., 96-1837 (La. 9/27/96); 680 So.2d 1163. The absence of a flag is not a finding that it is good law.

Authority status
pending
SMITH v. OUR LADY OF THE LAKE HOSP., 96-1837 (La. 9/27/96);680 So.2d 1163
IN RE: PRENTISS E. SMITH, M.D. v. OUR LADY OF THE LAKE HOSPITAL, ET AL
No. 96-CC-1837
Supreme Court of Louisiana.
September 27, 1996
IN RE: Our Lady/Lake Hospital; Our Lady/Lake Medical Center; Cranor, Kenneth C. M.D.; Cowick, Donald R. M.D.; Sanders, A. Foster M.D.; Kismer, W. Howard M.D.; Laville, Louis P. M.D. Succ. of; Rathbone, M. J. Jr. M.D.; Duplessis, W. H.; Leblanc, W. H.; Toups, Roland; CVT Surgical Center; Berry, B. Eugene M.D.; Davis, David J. M.D.; Sheely, Carlton H. Jr. M.D.; — Defendant(s); Applying for Supervisory and/or Remedial Writs; Parish of East Baton Rouge 19th Judicial District Court Div. "D" Number 317-710; to the Court of Appeal, First Circuit, Number CW96 0477.
Granted. See per curiam.

JCW

WFM

HTL

CDK

JPV

EJB

CALOGERO, C.J. would grant and docket.

JOHNSON, J. not on panel.West Page 1164
PER CURIAM
GRANTED.

Judgment of the trial court denying defendants' joint motion for summary judgment is reversed. In light of this court's summary dismissal of all damage claims against the individual defendants in
Smith v. Our Lady of the Lake Hospital
, 93-2512 (La. 7/15/94);639 So.2d 730, coupled with the purely derivative nature of all the damage claims asserted against the two corporate defendants, Our Lady of the Lake Hospital, Inc., d/b/a Our Lady of the Lake Regional Medical Center (OLL), and CVT Surgical Center, A Medical Corporation (CVT), we conclude that these two corporate defendants, which acted through the released individual defendants, are entitled to summary judgment on the damage claims as a matter of law.
See
Smith
, 93-2512, p. 36 (La. 7/15/94); 639 So.2d at 756 (Lemmon, J., concurring). Given this court's holding in
Smith
that defendants complied with the hospital's by-laws and that the peer review process was conducted in good faith, we further conclude that all the defendants are entitled to summary judgment on the remaining claims for injunctive relief, seeking reinstatement of plaintiff-physician's staff privileges and expungement of the records of the peer review proceeding.