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Searile v. Ville Platte Medical Center, LLC
Bureau of Shipping, 16-81, p. 1 (La.3/24/16), 187 So.3d 995, 995 (wherein the supreme court reversed the trial court’s- granting of summary judgment in favor of the plaintiffs on the'issue of liability and stated that: “Any determination of the applicability of res ipsa loqui-tur is premature until all evidence has been presented, at which time the district court can make a determination of whether it is appropriate to give an instruction which would allow the jury to infer the defendant’s negligence.”); Thus, after having conducted a de novo review, we conclude that Searile has failed…
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Angelina CANTUBA
v.
The AMERICAN BUREAU of SHIPPING
v.
The AMERICAN BUREAU of SHIPPING
No. 2016-CC-0081.
Supreme Court of Louisiana.
Mar 24, 2016.
Cited by 1 opinion | Published
PER CURIAM.
| ] Granted. The judgment of the district court granting summary judgment in favor of plaintiffs on the issue of liability is reversed. Any determination of the applicability of res ipsa loquitur is premature until all evidence has been presented, at which time the district court can make a determination of whether it is appropriate to give an instruction which would allow the jury to infer the defendant’s negligence. See Linnear v. Centerpoint Energy Entex/Reliant, 06-3030 (La.9/5/07), 966 So.2d 36.