BERTHELOT v. STALDER

No. 2013-C-2290.

132 So.3d 1249 (2014)

Oscar BERTHELOT v. Richard STALDER as Secretary of the Department of Corrections.

Supreme Court of Louisiana.

January 10, 2014.


Denied.

JOHNSON, C.J., would grant with reasons.

KNOLL and HUGHES, JJ., would grant.

JOHNSON, Chief Justice, would grant the writ application.

I find the lower courts erred in excluding plaintiff's expert from testifying regarding the appropriate standard of care for treatment of a diabetic foot. The lower courts applied the locality rule in La. R.S. 9:2794(A)1 to exclude the testimony of Dr. Willard Noyes, a Pennsylvania...

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