Joan Marie Douglas vs. Pathway Management of Louisiana, LLC and Community Care Center of Shreveport South, LLC d/b/a Heritage Manor South (Granted and Made Peremptory.)
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DocuSign Envelope ID: 280C1E34-AFA2-488D-8FEA-E173A1BED603 STATE OF LOUISIANA COURT OF APPEAL, SECOND CIRCUIT 430 Fannin Street Shreveport, LA 71101 (318) 227-3700 No. 55,766-CW JOAN MARIE DOUGLAS VERSUS PATHWAY MANAGEMENT OF LOUISIANA, LLC AND COMMUNITY CARE CENTER OF SHREVEPORT, SOUTH, LLC D/B/A HERITAGE MANOR SOUTH FILED: 01/04/24 RECEIVED: E-Filed 12/27/23 On application of Joan Marie Douglas for SUPERVISORY WRIT in No. 622,676 on the docket of the First Judicial District, Parish of CADDO, Judge Christopher T. Victory. GARCIA & ARTIGLIERE Matthew McKay Coman Jordan M. Jeansonne Counsel for: Joan Marie Douglas LUNN IRION LAW FIRM, LLC Ronald Everett Raney Patrick Willer Woolbert Counsel for: Pathway Management of Louisiana, LLC and Community Care Center of Shreveport, South, LLC d/b/a Heritage Manor South Before PITMAN, COX, and ELLENDER, JJ. WRIT GRANTED AND MADE PEREMPTORY. Applicant, Joan Marie Douglas, seeks supervisory review of the trial court’s November 27, 2023, ruling granting in part the defendants’ motion in limine and excluding evidence of Douglas’ falls prior to January 2019. We find that the trial court abused its discretion in excluding the evidence. The excluded evidence is relevant and necessary to support the claims Douglas raised in her petition that the defendants failed to properly assess her condition and falls, failed to sufficiently staff the facility in order to meet her needs, and misrepresented that the defendants would comply with La. R.S. 40:2010.8, all of which resulted in her suffering four falls in 2019, while in the defendants’ care. Accordingly, the writ is granted and made peremptory. The trial court’s ruling excluding the evidence is reversed and the motion in limine is denied. Shreveport, Louisiana, this ________ day of ________________________, 2024. 21 March _________________ ___________________ March 21, 2024 FILED: _____________________________ ___________________________ DEPUTY CLERK ___________________
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