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Terrebonne v. Floyd5/23/2000
ion from established negligence unless rebutted by a physician.
Although this case may present the first instance in Louisiana where a plaintiff seeks to rely solely on an admitted deviation from the manufacturer's specific warning to establish the standard of care owed, the Louisiana Supreme Court's holding in Pfiffner and the jurisprudence referenced by plaintiffs soundly points in favor of considering such evidence sufficient to make a prima facie showing of negligence. In any event, whether plaintiffs may use the evidence they intend to offer as prima facie proof of Dr. Floyd's negligence is itself a matter seriously unresolved; and the granting of summary judgment under the circumstances was inappropriate. Costs of this appeal are assessed to defendant-appellee, Dr. John Floyd.
REVERSED.
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