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GAGE v. ST. PAUL FIRE & MARINE INSURANCE COMPANY

No. 4241.

282 So.2d 147 (1973)

Horace Alexander GAGE, Plaintiff and Appellee, v. ST. PAUL FIRE & MARINE INSURANCE COMPANY, Defendant and Appellant.

Court of Appeal of Louisiana, Third Circuit.

Dissenting Opinion August 22, 1973.

Rehearings Denied September 14, 1973.

Writs Refused November 9, 1973.

Attorney(s) appearing for the Case

Pugh, Boudreaux & Gachassin by Nicholls Pugh, Jr., Lafayette, for defendant-appellant.

Edwards, Stefanski & Barousse by Homer E. Barousse, Jr., Crowley, for plaintiff-appellee.

Before HOOD, CULPEPPER and MILLER, JJ.

CULPEPPER, Judge.

This is a medical malpractice case. The radial nerve of plaintiff's right arm was inadvertently severed during surgery by the defendant, Dr. Guy J. Dunning. A jury awarded plaintiff $150,000. The doctor and his insurer appealed.

The substantial issues are: (1) Was the defendant physician negligent? (2) Was the plaintiff contributorily negligent in failing to follow the instructions of his doctors? (3) Did the trial judge commit reversible...

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