Butler v. Travelers Ins. Co.
| Decision Date | 09 March 1970 |
| Docket Number | No. 7923,7923 |
| Citation | 233 So.2d 271 |
| Parties | Leo BUTLER et al. v. The TRAVELERS INSURANCE CO. et al. |
| Court | Court of Appeal of Louisiana — District of US |
Bryant W. Conway, Baker, for appellants.
Taylor, Porter, Brooks & Phillips, by Robert J. Vandaworker, Baton Rouge, and Seale, Smith, Baine & Phelps, by A. G. Seale, Baton Rouge, for appellees.
Before LANDRY, SARTAIN, and ELLIS, JJ.
Lillie Mae Wade Butler, one of the plaintiffs herein, suffered a cut on her knee, and as a consequence thereof was treated by Dr. William C. Dunbar and by Dr. William E. Smith. Dr. Dunbar saw her when she was initially admitted to the hospital with the cut on her knee, and Dr. Smith, assisted by Dr. Dunbar, performed an operation thereon. Shortly thereafter, plaintiff was stricken with lockjaw and was quite seriously ill. This suit was brought against Drs. Dunbar and Smith, and their insurers, alleging negligence in their treatment of Mrs. Butler, in a number of respects. Motion for summary judgment was filed by Dr. Dunbar, and by Dr. Smith, supported in each case by the affidavits of the doctors themselves as well as a third affidavit executed by Dr. Richard A. Faust, an acknowledged expert in the field of tetanus. Depositions of both defendants, of Mrs. Butler, her hospital record, and certain documents relating to the treatment of tetanus were also filed.
The district judge granted the motions for summary judgment, dismissing plaintiff's case at his cost. From that judgment, plaintiff has appealed.
The affidavits of Drs. Dunbar and Smith detail the treatment afforded by them to the plaintiff. The affidavit of Dr. Faust states his qualifications, which are impressive, and further states that he has reviewed the entire record on this case as well as the affidavits filed by the two doctors and was of the opinion that the course of treatment followed by the two physicians was proper and within the standard of medical care prevailing in the community.
We do not believe that this showing is sufficient to sustain a motion for summary judgment, or that this case is one which is appropriate for the use of summary judgment procedure.
It is true that the 'facts' of the case are largely undisputed. As we understand the meaning of 'fact' in the context of Articles 966 and 967 of the Code of Civil Procedure, it relates to the events, or happenings, or circumstances which give rise to the case. Here, it would include the nature of the injury suffered by the plaintiff, and the course of treatment followed by...
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