Rougeau v. Hospital Service District
Louisiana Court of Appeal
368 So. 3d 1196 (2023)
- Written by Rich Walter, JD
Facts
A hospital nurse accidentally collided with Jena Rougeau (plaintiff) in the hospital’s emergency room. Rougeau immediately reported feeling intense shoulder pain, for which she sought medical treatment, and was later diagnosed as having a torn shoulder labrum. Rougeau sued the local hospital service district and the nurse’s employer, Beauregard Memorial Hospital (collectively BMH) (defendants) for the nurse’s imputed negligence. At trial, sufficient evidence was produced to support the jury’s conclusion that the nurse had indeed been negligent but that this negligence was not the cause in fact of Rougeau’s labral tear. Based on that finding, the judge entered judgment for BMH. Rougeau moved for judgment notwithstanding the verdict (JNOV). The judge reviewed the evidence, including emergency-room video footage confirming Rougeau’s account of the accident and the unrefuted testimony of Rougeau’s physician that the pain Rougeau experienced immediately after the collision required months of medical treatment. The judge entered JNOV for Rougeau and awarded damages. BMH appealed to the Louisiana Court of Appeal.
Rule of Law
Issue
Holding and Reasoning (Kyzar, J.)
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