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DESHOTEL v. AETNA CASUALTY & SURETY COMPANY

No. 3981.

269 So.2d 850 (1972)

Felix DESHOTEL, Plaintiff-Appellant, v. AETNA CASUALTY & SURETY COMPANY, Defendant-Appellee.

Court of Appeal of Louisiana, Third Circuit.

Rehearing Denied December 20, 1972.

Writ Refused February 1, 1973.

Attorney(s) appearing for the Case

Jacque B. Pucheu, Eunice, for plaintiff-appellant.

Voorhier, Labbe, Fontenot, Leonard & McGlasson by J. Winston Fontenot, Lafayette, for defendant-appellee.

Davidson, Meaux, Onebane & Donohoe by Robert L. Cabes, Lafayette, for intervenor-appellee.

Before SAVOY, HOOD and MILLER, JJ.

MILLER, Judge.

Plaintiff Felix Deshotel appeals the trial jury's dismissal of his medical malpractice suit against defendant Aetna Casualty & Surety Company, the insurer of Dr. Leonel Kahn. Dr. Kahn died shortly after suit was filed. We reverse and award damages.

In a work connected accident which occurred about 2 p. m. on April 14, 1970, Deshotel fractured his right wrist. The injury was diagnosed as a comminuted (shattered) impacted fracture of the right...

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