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WHITNELL v. MENVILLE

No. 88-C-1285.

540 So.2d 304 (1989)

Lorraine S. Whitnell, Wife of/and James WHITNELL v. Dr. John G. MENVILLE, et al.

Supreme Court of Louisiana.

March 13, 1989.

Attorney(s) appearing for the Case

Russ M. Herman, Tonia D. Aiken, Herman, Herman, Katz & Cotlar, New Orleans, for applicants.

Chester A. Fleming, III, Boggs, Loehn & Rodrigue, Darryl J. Foster, Jr., Lemle, Kelleher, Kohlmeyer, Dennery, Hunley, Moss & Frilot, New Orleans, for respondents.

CALOGERO, Justice.

Plaintiff Lorraine Whitnell and her husband filed this medical malpractice lawsuit against Dr. John G. Menville in 1986. It appears from the allegations of the petition that Dr. Menville last treated Mrs. Whitnell in 1980. Relying on La.R.S. 9:5628's provision that a medical malpractice action "shall be filed at the latest within a period of three years from the date of the alleged act, omission or neglect," the district court sustained Dr. Menville...

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