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Case Results

227 So.3d 316  Court of Appeal of Louisiana, First Circuit. 


2016 CA 1275 Judgment rendered: SEPTEMBER 08, 2017 


Background: Insureds brought action against homeowners insurer to recover for mold and fungi growth allegedly caused by leaking toilet. The Twenty–Second Judicial District Court, Parish of St. Tammany, No. 2014–15186 Div. “H”, Allison H. Penzato, J., struck affidavit of insured's expert and entered summary judgment in favor of insurer. Insureds appealed. 

Holding: The Court of Appeal, reversed and held the trial court abused its discretion by ruling on expert's qualifications without proper motion filed by insurer, contradictory hearing set, or any evidence from insurer. The plaintiff’s expert was accepted and the Defendant’s Summary Judgment was denied.  

Bruce C. Betzer 

Attorney for the Plaintiff/Insured

Natasha TOLBERT et al. v. Marlin GUSMAN et al. 

CIVIL ACTION NO: 18-8359 C/W 18-10053 Signed 04/16/2020 

Background: Plaintiffs Natasha Tolbert, Bridget Armstrong, and India Butler bring this action on behalf of their minor children for the wrongful death of Narada Mealey, an inmate at the Orleans Justice Center (“OJC”).1 Plaintiffs allege that Mealey did not receive proper medical treatment while incarcerated, resulting in his death. Plaintiffs bring state law medical malpractice claims and federal law claims under 42 U.S.C. § 1983. o prove that CCS has a policy that was the moving force behind the violation of Mealey's constitutional rights, Plaintiffs present the opinion of their expert, Celia Noehren R.N. Noehren opines that Mealey's treatment was a result of a pattern of constitutionally deficient medical care at the OJC that has been identified for years by monitors of a federal consent judgment. Accordingly, Defendants’ request for summary judgment is denied. 

Tolbert v. Gusman, No. CV 18-10053, 2020 WL 1892590, at *1 (E.D. La. Apr. 16, 2020) 

Bruce C. Betzer 

Attorney for the Plaintiff/Inmate