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BRUNO v. FONTAN

No. 7356.

338 So.2d 713 (1976)

Michael A. BRUNO, Individually and on behalf of/and as the Administrator of the Estate of his minor daughter, Janet Bruno, v. Lawrence E. FONTAN.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied November 16, 1976.

Attorney(s) appearing for the Case

Windhorst, Heisler, De Laup, Wysocki & Klein, Jerome M. Volk, Jr., New Orleans, for plaintiffs-appellants.

Deutsch, Kerrigan & Stiles, Francis G. Weller, New Orleans, for defendant-appellee.

Before GULOTTA, SCHOTT and ST. AMANT, JJ.

ST. AMANT, Judge.

This is a malpractice action against an attorney and his errors and omissions insurer for failure to timely file a tort action on behalf of the plaintiff. The insurer stipulated that its insured attorney was negligent in failing to file suit and conceded liability if the plaintiff's injuries were the consequence of a tort on the part of anyone. The trial court rendered judgment in favor of defendants, finding that the plaintiff "was guilty of contributory...

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