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THIBODEAUX v. STATE, ETC.

No. 6919.

371 So.2d 1227 (1979)

Ruby THIBODEAUX, wife of/and Vernice Thibodeaux, Plaintiffs-Appellees, v. STATE of Louisiana, Through the LOUISIANA HEALTH AND HUMAN RESOURCES ADMINISTRATION (now called Department of Health and Human Resources, etc.) and Dr. Thomas C. Bush, Defendants-Appellants.

Court of Appeal of Louisiana, Third Circuit.

May 23, 1979.

Attorney(s) appearing for the Case

Robert L. Raborn, Baton Rouge, for defendants-appellants.

Raymond J. LeJeune, Mamou, for defendant-appellee.

Cline, Miller, Richard & Miller, Robert Thomas Cline and Steven A. Chandler, Rayne, for plaintiffs-appellees.

Before FORET, CUTRER and SWIFT, JJ.

CUTRER, Judge.

This is a malpractice suit by Ruby Thibodeaux and her husband, Vernice Thibodeaux, arising out of the death of their six-year-old son. The State of Louisiana was sued in two capacities. First, the plaintiffs sued the State through the Department of Health and Human Resources, alleging that the independent negligence of the Lafayette Charity Hospital caused the death. Secondly, the State was also sued as the employer of Dr. Thomas Bush. The plaintiffs...

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