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Leray v. Nissan Motor Corp. in U.S.A.6/10/2005
Before: GUIDRY, GAIDRY, and McCLENDON, JJ.
Plaintiffs appeal a partial summary judgment wherein the trial court decreed that the alleged fault of medical malpractice tortfeasors could be presented to the jury, and if proven, quantified in an allocation of fault among all alleged tortfeasors. For the reasons expressed herein, we dismiss the appeal.
FACTS AND PROCEDURAL HISTORY
On October 14, 1996, Daphne Leray and her parents, Glenn and Elaine Leray, filed the instant suit in Lafourche Parish against Nissan Motor Corporation in U.S.A., Nissan Motor Co., Ltd., Entergy Louisiana, Inc., the State of Louisiana through the Department of Transportation and Development, and Jamie Adams relative to a single-car accident that occurred in Lafourche Parish on October 15, 1995. The accident occurred while Daphne was riding as a passenger in a 1995 Nissan pickup truck driven by Jamie Adams. All defendants, except Jamie Adams, filed answers denying liability for the injuries sustained by Daphne.
On September 1, 2000, the Lerays filed a separate suit in Jefferson Parish against Drs. Bradley J. Bartholomew and Stephen Mallernee and the Hospital Service District No. 1 of Terrebonne Parish, alleging that treatment rendered by the named medical defendants violated the applicable standard of care and caused Daphne to be rendered a quadriplegic. That suit proceeded to trial and judgment was rendered in favor of the Lerays against Drs. Bartholomew and Mallernee on November 18, 2002. The judgment was affirmed on appeal. Leray v. Bartholomew, 03-1370 (La.App. 5th Cir.3/20/04), 871 So.2d 492.
In the meantime, as litigation proceeded in the subject suit, several motions and exceptions were filed by the defendants, including a joint motion for summary judgment filed by the Nissan and Entergy defendants, wherein they sought a ruling to be allowed to present proof of the fault of the alleged medical malpractice tortfeasors to the jury and to have any fault attributable to said tortfeasors quantified in the allocation of fault. The trial court granted a partial summary judgment on this ground in favor of all defendants in a judgment rendered on December 23, 2003, and it is based on this ruling that the plaintiffs now appeal.
La. C.C.P.1915(B) Designation
As previously noted, this matter comes before us pursuant to a partial summary judgment granted in favor of the defendants that was designated as a final judgment by the trial court for purposes of appeal. Louisiana Code of Civil Procedure article 1915(B) provides:
(1) When a court renders a partial judgment or partial summary judgment or sustains an exception in part, as to one or more but less than all of the claims, demands, issues, or theories, whether in an original demand, reconventional demand, cross-claim, third party claim, or intervention, the judgment shall not constitute a final judgment unless it is designated as a final judgment by the court after an express determination that there is no just reason for delay.
(2) In the absence of such a determination and designation, any order or decision which adjudicates fewer than all claims or the rights and liabilities of fewer than all the parties, shall not terminate the action as to any of the claims or parties and shall not constitute a final judgment for the purpose of an immediate appeal. Any such order or decision issued may be revised at any time prior to rendition of the judgment adjudicating all the claims and the rights and liabilities of all the parties.
The trial court gave no explicit reasons, either oral or written, for its determination that no just reason for delay existed. We are therefo
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