Legal Opinion

Winding v. Bryan

Louisiana Court of Appeal

Decided September 17, 2014No. 2014-CA-0388PublishedCited by 2 opinions

1Opinion of the Court

ROSEMARY LEDET, Judge.

I,This is a medical malpractice case. The plaintiff, Crystal Winding, filed this malpractice suit against, among others, Dr. Washington Bryan. Dr. Bryan filed a “no-expert” motion for summary judgment.1 Although Ms. Winding’s opposition included a notarized expert’s affidavit, the trial court, as a sanction for Ms. Winding’s violating the pre-trial scheduling order, refused to consider her expert’s affidavit. Based on Ms. Winding’s lack of an expert witness, the trial court granted |aDr. Bryan’s motion for summary judgment. The narrow issue presented on appeal is whether…

2Cases cited13 opinions

  1. Daubert v. Merrell Dow Pharmaceuticals, Inc.Supreme Court of the United States · 1993
  2. Pfiffner v. CorreaSupreme Court of Louisiana · 1994
  3. Coleman v. DenoSupreme Court of Louisiana · 2002
  4. Horton v. McCarySupreme Court of Louisiana · 1994
  5. Mandina, Inc. v. O'BrienLouisiana Court of Appeal · 2013

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3Cited by2 opinions

  1. F. Patrick Quinn, III v. Edwin M. Palmer and Decatur Hotels, L.L.C.Louisiana Court of Appeal · 2020
  2. Tasha Payne v. St. Bernard Parish Hospital Service DistrictLouisiana Court of Appeal · 2021

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