105 So. 3d 940
La. Ct. App.2012Background
- This is a personal injury and products liability suit arising from a allegedly defective orthopedic device implanted in Mount's left wrist.
- Mount obtained a default judgment against Hand Innovations, LLC, a DePuy subsidiary, on February 1, 2012 after service in 2010.
- The trial court awarded Mount general damages of $150,000 and special damages of $1,084.85 plus costs.
- On appeal, Hand Innovations challenges the default judgment on grounds including lack of sworn medical causation evidence and improper evidentiary basis.
- The court vacates the default and remands for a full merits trial, stating the first assignment of error requires reversal to vacate the judgment.
- The court notes that the plaintiff’s evidence did not include a sworn narrative or testimony from a treating physician as required by Article 1702(D).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the plaintiff established medical causation with proper sworn physician evidence. | Mount contends the district court’s findings were admissible and sufficient. | Hand Innovations argues causation evidence was insufficient without sworn physician testimony. | Vacate judgment; insufficient medical causation evidence without sworn physician testimony. |
Key Cases Cited
- Arias v. Stolthaven New Orleans, L.L.C., 9 So.3d 815 (La. 2009) (reasons for re-determining facts on appeal when a reversible error occurred in a default judgment)
- Rosell v. ESCO, 549 So.2d 840 (La. 1989) (standard for reviewing default judgments; manifest error review of facts)
- Sessions & Fishman v. Liquid Air Corp., 616 So.2d 1254 (La. 1993) (elements of a prima facie case and proof required for default judgments)
- Thibodeaux v. Burton, 538 So.2d 1001 (La. 1989) (necessity of proving prima facie case in product liability context)
- Campbell v. Kendrick, 556 So.2d 140 (La. App. 5th Cir. 1990) (physician letters do not satisfy sworn narrative report requirement under Article 1702(D))