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DOWNS v. AMERICAN EMPLOYERS INSURANCE COMPANY

No. 26385.

423 F.2d 1160 (1970)

Mr. and Mrs. Dell DOWNS, Plaintiffs-Appellants, v. AMERICAN EMPLOYERS INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

February 17, 1970.

Attorney(s) appearing for the Case

Frederick J. Gisevius, Jr., Robert F. Shearman, John H. Brooks, Thomas E. Johnson, George M. Leppert, Dennis L. Rousseau, New Orleans, La., for plaintiffs-appellants.

Felicien P. Lozes, James H. Drury, New Orleans, La., Drury, Lozes, Young & Curry, New Orleans, La., for defendant-appellee.

Before WISDOM, SIMPSON and CLARK, Circuit Judges.

CLARK, Circuit Judge:

This is an action for medical malpractice brought against a physician's insurance company under the Louisiana direct action statute. Because of conflicting and confusing jury instructions and a prejudicial evidentiary ruling, we reverse and remand for a new trial.

The injury complained of occurred in February 1963 when both of the plaintiffs, Mr. and Mrs. Dell Downs, were treated by Dr. John Sanford Noell. Pursuant to his diagnosis of...

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