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Jordan v. Willis-Knighton Medical Center9/21/2005
not have worsened her health or quality of life; rather, because she had a diseased gallbladder, it removal would actually have improved her quality of life.
There is absolutely no medical basis for concluding that Ms. Gow was in imminent danger of death or any other serious deterioration in her health as of the date that she died other than the obvious implications of the admitted malpractice of the defendant which deprived her of the opportunity to receive appropriate medical care which should have detected and resolved the hemorrhage that was secondary to surgery. Had appropriate surgical intervention occurred on a timely basis, the hemorrhage should have been controlled and Ms. Gow should have made a full and complete recovery.
In response to this well-pleaded motion for summary judgment, the PCF was required to show the existence of a genuine issue of material fact to overcome the motion. In our view, this they did not do. La. C. C. P. art. 967(B) states, in pertinent part:
B. When a motion for summary judgment is made and supported as provided above, an adverse party may not rest on the mere allegations or denials of his pleading, but his response, by affidavits or as otherwise provided above, must set forth specific facts showing that there is a genuine issue for trial. If he does not so respond, summary judgment, if appropriate, shall be rendered against him.
The trial court recognized the PCF's failure to meet its burden and succinctly stated:
So that said, we look at the motion for summary judgment, and I believe that the affidavits and the attachments, without the issue of Willis Knighton, really don't leave any material fact in dispute as to liability, as to causation, in excess of a hundred thousand dollars. The damages, I'm in a more unusual circumstance with because it's a case where a lady died due to malpractice, and it's unusual to try to prove at least $400,000 of loss, in a situation like that, through summary judgment. However, the attachments, the affidavits with no countervailing affidavits, and only the argument as to [Ms. Gow's] general physical condition, leave the Court without a doubt that the damages exceed the [statutory minimum]. And I said, it's an unusual situation, but looking at the attachments and the lack of opposition as to the quantum, I don't see how a contrary result could be obtained. (Emphasis ours.)
In the absence of documentary evidence supporting the PCF's opposition of the motion for summary judgment, we are constrained to find the trial court's grant of the motion as proper. Given the statutory provisions and jurisprudence applicable in this case, we see no reason to disturb the trial court's ruling in this matter.
CONCLUSION
For the reasons set forth herein, the judgment of the trial court granting the motion for summary judgment in favor of Plaintiff/Appellee, Robert Jordan, as surviving spouse of Gwen Gow, is affirmed. Costs of this appeal are assessed to Willis-Knighton Medical Center, et al.
AFFIRMED.
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