Legal Opinion · Dissent

Serou v. Touro Infirmary

Louisiana Court of Appeal

Decided January 9, 2013No. 2012-CA-0089Published

1DissentLedet, J.

hln my opinion, the dispositive issue on this appeal is causation. Because I would *1102find the Serou Plaintiffs1 failed to establish causation, I would reverse the damage award and thus not reach the other issues presented on appeal.

As the majority points out, the Serou Plaintiffs contend that they proved Mr. Serou’s cause of death was due to heat, hyperthermia. Citing McKelvey v. City of Dequincy, 07-604, p. 9 (La.App. 3 Cir. 11/14/07), 970 So.2d 682, 689, the Serou Plaintiffs contend that they only were required to provide the court with competent evidence of the cause of death. The competent…

2Cases cited12 opinions

  1. Housley v. CeriseSupreme Court of Louisiana · 1991
  2. Detraz v. LeeSupreme Court of Louisiana · 2007
  3. Dabog v. DerisSupreme Court of Louisiana · 1993
  4. McKelvey v. City of DequincyLouisiana Court of Appeal · 2007
  5. Lacey v. Louisiana Coca-Cola Bottling Co., Ltd.Supreme Court of Louisiana · 1984

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