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Campbell v. Hospital Service Dist. No. 1 Caldwell Parish8/22/2001
standard of care.
Our summary judgment jurisprudence sets forth the principle that weighing evidence and making credibility determinations have no place in the summary judgment procedure. Harris v. Godwin, 28,245 (La. App. 2d Cir. 04/08/96), 671 So. 2d 1278; Whatley v. Caddo Parish Sheriff's Dept., 27,321 (La. App. 2d Cir. 09/27/95), 661 So. 2d 557, writ denied, 95-2842 (La. 02/02/96), 666 So. 2d 1097. Also, where the evidence on summary judgment presents a choice of reasonable inferences, such inferences must be viewed in the light most favorable to the party opposing summary judgment. Tucker v. Northeast Louisiana Tree Service, 27,768 (La. App. 2d Cir. 12/06/95), 665 So. 2d 672, writ denied, 96-0063 (La. 03/08/96), 669 So. 2d 404, writ not considered, 96-0100 (La. 03/08/96), 669 So. 2d 404; Coleman v. Sheraton Pierremont, 25,452 (La. App. 2d Cir. 01/19/94), 631 So. 2d 50.
Here, the trial court, faced with divergent expert opinions, considered each opinion and made an improper determination that the opinions of Drs. Tepper and Barrow were more credible than that of the medical review panel, which it characterized as "bare." Such a consideration is inappropriate on a motion for summary judgment. The resolution of conflicting evidence and the assessment of credibility lies with the fact- finder at a trial and is not to be determined in summary judgment. We conclude that the opinion rendered by the medical review panel, which was properly before the court for consideration on summary judgment and which was divergent to the opinions of Drs. Tepper and Barrow, sufficiently raises an issue of fact which cannot be addressed properly on summary judgment. Indeed, just as we held in Campbell I, the disputed quality of expert opinions in this case does not conclusively show that no genuine issue of material fact exists for the purpose of summary judgment.
Conclusion
For these reasons, the order of the trial court granting appellees' motion for summary judgment is reversed and remanded, with costs being assessed to appellees.
REVERSED AND REMANDED.
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