Finley v. Christus St. Frances Cabrini Hospital

KEATY, Judge.

Lin this medical malpractice case, the trial court granted plaintiffs’ motion for partial summary judgment against defendant doctor, Charles Ugokwe, finding that he breached the standard of care by misdiagnosing Stacy Finley’s condition. Finding that the trial court’s grant of summary judgment was based on a factual finding and was not timely pursuant to La.Code Civ.P. art. 966, we reverse and remand for a trial on the merits. Further finding that the trial court has broad discretion in whether to consider untimely opposition memoranda and attachments, which was addressed by the…