ARDOIN v. HARTFORD ACC. & INDEM. CO.

Nos. 60992, 61008 and 61011.

360 So.2d 1331 (1978)

Dorothy Hebert ARDOIN et al. v. HARTFORD ACCIDENT AND INDEMNITY CO. et al.

Supreme Court of Louisiana.

Rehearing Denied July 26, 1978.


Attorney(s) appearing for the Case

Welton P. Mouton, Jr., Law Office of Welton P. Mouton and Richard R. Kennedy, Law Office of Richard R. Kennedy, Lafayette, for defendants-respondents in three cases.

Onebane, Donohoe, Bernard, Torian, Diaz, McNamara & Abell, Timothy J. McNamara, Daniel G. Fournerat, Lafayette, for plaintiffs-applicants in 60992 and for respondents in 61008 and 61011.

H. Lee Leonard, Voorhies & Labbe, Lafayette, for defendants-respondents in all three cases.

Lynn C. Woods, Jr., Houston, Tex., for plaintiff-applicant in 61011 and for respondent in 60992 and 61008.

James T. Guglielmo, Lewis & Lewis, Opelousas, for applicant in No. 61008 and for respondents in 60922 and 61011.

Stephen J. Ledet, Jr., Opelousas, amicus curiae for St. Landry Parish Medical Society.

Thompson & Sellers, Charles M. Thompson, Jr., Abbeville, amicus curiae for Vermilion Parish Medical Society.

J. William Pucheu, Fuselier, Pucheu & Soileau, Ville Platte, amicus curiae for Evangeline Parish Medical Society.

Paul H. Due and Robert D. Downing, Due, Dodson & deGravelles, Baton Rouge, amicus curiae for The La. Trial Lawyers Association.

Richard R. Kennedy, Lafayette, amicus curiae for Lafayette Parish Medical Society.

John V. Parker, Sanders, Downing, Kean & Cazedessus, Baton Rouge, amicus curiae for La. State Medical Society.


DENNIS, Justice.

In this case we are called upon to decide if Louisiana courts are governed by the "locality rule" in determining whether an act of a medical specialist that causes damage to his patient constitutes fault which obliges the physician to repair it.

On July 9, 1976, Lorrie Ardoin died during a "coronary artery by-pass" operation which was being performed by Dr. James Bozeman, a cardiovascular surgeon, at Our Lady of Lourdes Hospital in Lafayette...

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