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Tuminello v. St. Tammany Parish Hospital3/28/2002
Therefore, although the suit was filed approximately five years after Ms. Tuminello's death, to carry its burden of proof, Lacombe must show that there is an absence of support for the facts on which the plaintiffs rely in asserting that the defendants are solidarily liable.
In support of its motion for summary judgment, Lacombe filed into evidence only a copy of Ms. Tuminello's death certificate. It offered no evidence to show an absence of factual support for the allegations on which the plaintiffs base their theory of solidary liability. Therefore, Lacombe failed to carry its burden of proof, and the trial court erred in concluding no solidarity existed and in granting summary judgment in favor of Lacombe.
For the foregoing reasons, the judgment of the trial court is reversed. Judgment is rendered in favor of the plaintiffs, denying Lacombe's motion for summary judgment. This matter is remanded to the trial court for further proceedings. Costs are assessed against Lacombe Nursing Center.
REVERSED AND REMANDED.
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