George Raymond Williams, M.D., Orthopaedic Surgery, L. L.C. v. Sif Consultants of La., Inc.

I respectfully dissent from the majority opinion as I find that a reversal is required.

A previous panel of this court addressed the nature of the plaintiff's underlying claim and observed that it alleged a statutory violation of La.R.S. 40:2203.1. Williams v. SIF Consultants of La., Inc. , 12-419 (La.App. 3 Cir. 11/7/12), 103 So.3d 1172, writ denied , 12-2637 (La. 3/15/13), 109 So.3d 381. Thus, the subject claim was found not to be contractual in nature. Such a finding, in my opinion, renders La.Civ.Code art. 2000 inapplicable.

Rather, as it has been determined that a statutory duty was…