In a recent court filing, Arona T. Walker lodged a complaint against Dr. Kate Brown and the Louisiana State University School of Medicine in New Orleans Faculty Group Practice (LSUHN). The complaint was filed on behalf of her deceased daughter, Leona C. Walker, in the Civil District Court for Orleans Parish on February 20, 2024.
Arona Walker alleges that she endured significant physical and emotional distress due to Dr. Kate Brown's failure to timely sign her daughter's death certificate. Leona Walker passed away at home on December 3, 2021, and was pronounced dead by the New Orleans Police Department and Coroner’s office at 12:31 a.m. that same day. Rhodes Funeral Home, responsible for handling the funeral arrangements, contacted Dr. Brown’s office to obtain the necessary signature for the death certificate. According to the plaintiff's petition, Dr. Brown initially accepted responsibility but failed to sign it promptly.
The delay led Arona Walker to reach out to Dr. Brown’s supervisors in March 2022, which eventually resulted in Dr. Brown signing the death certificate on March 25, 2022. The lawsuit claims that this delay caused undue stress and suffering for Ms. Walker during an already difficult time.
LSUHN filed a motion for summary judgment on November 28, 2023, asserting three main points: first, that LSUHN was not Dr. Brown’s employer; second, that it did not have an independent duty to sign the death certificate; and third, even if vicarious liability were applicable, Dr. Brown did not owe a duty to sign the document promptly.
A hearing for this motion was scheduled for February 6, 2024; however, due to scheduling conflicts with an ongoing trial that extended into early February without reaching a verdict until February 5th, the trial court ruled on the motion without conducting a contradictory hearing as mandated by law.
The trial court denied LSUHN's motion for summary judgment based solely on briefs submitted by both parties without holding a hearing—a decision later challenged by LSUHN through an application for writs directed to the Court of Appeal Fourth Circuit State of Louisiana.
Upon review, Judges Daniel L. Dysart, Sandra Cabrina Jenkins (who authored the opinion), and Nakisha Ervin-Knott determined that procedural errors had occurred in handling LSUHN's motion for summary judgment without a contradictory hearing as required under La. C.C.P articles 963(B) and 966(C). The appellate court found that these articles mandate such hearings unless all parties agree otherwise—a condition not met in this case.
The appellate court emphasized strict adherence to procedural requirements outlined in La. C.C.P article 966(C), citing previous jurisprudence from Auricchio v Harriston (2020-01167) among others supporting their decision.
Consequently, LSUHN’s writ application was granted; thus vacating the trial court’s judgment and remanding it back for a contradictory hearing per legal provisions stipulated under La C.C.P article966 ensuring proper judicial process is followed moving forward regarding this matter.
Attorneys involved include Stephen N Chesnut representing plaintiffs while Thomas C Cowen Leah T Therio from Cowan Law Firm LLC along with Elizabeth Murrill Mary Katherine F Koch Assistant Attorney General Litigation Division represent defendants respectively Honorable Jennifer M Medley presided over initial proceedings Case ID No202210981 Division F14