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DANKS v. MAHER

No. 1896.

177 So.2d 412 (1965)

Irene ROBERTSON, Widow of Gloss DANKS v. Dr. Fred W. MAHER, Sara Mayo Hospital, Michigan Mutual Liability Company, and Aetna Casualty & Surety Company.

Court of Appeal of Louisiana, Fourth Circuit.

Dissenting Opinion July 29, 1965.

Attorney(s) appearing for the Case

John P. Dowling, Calvin H. McBride and James D. McGovern, Jr., New Orleans, for plaintiff-appellee.

Lemle & Kelleher, Carl J. Schumacher, Jr., and David L. Campbell, New Orleans, for defendants Sara Mayo Hospital and Aetna Casualty & Surety Company, appellants.

Before SAMUEL, CHASEZ, and HALL, JJ.

SAMUEL, Judge.

This is a suit for damages sustained by the plaintiff when a laparotomy square was left in her body during surgery. Named defendants are plaintiff's doctor, the hospital in which the operation was performed, and their respective insurers, Michigan Mutual Liability Company and Aetna Casualty & Surety Company. During the course of a trial to a jury plaintiff settled her claim against the doctor and his insurer. In accordance with the terms of that...

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