COMEAUX v. SOUTHERN PAC. TRANSP. CO.

No. 77-2906.

609 F.2d 793 (1980)

Odel COMEAUX, Plaintiff-Appellee, v. SOUTHERN PACIFIC TRANSPORTATION CO., Defendant-Third Party Plaintiff-Appellant, Elmo Laborde, M. D., Third Party Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

January 10, 1980.


Attorney(s) appearing for the Case

Harry McCall, Jr., New Orleans, La., for defendant-third party plaintiff-appellant.

H. Martin Hunley, Jr., David S. Kelly, Henry B. Alsobrook, Jr., New Orleans, La., J. Weldon Granger, Bellaire, Tex., Michael D. Cucullu, New Orleans, La., for Laborde.

Before GODBOLD, HILL and POLITZ, Circuit Judges.


JAMES C. HILL, Circuit Judge:

Appellee Odel Comeaux sustained an injury to his left arm when he was forced to jump from a railroad car on which he was working. Comeaux was taken to a hospital and was treated by Dr. Elmo J. Laborde who diagnosed the injury as a fracture of the ulna radial head and a dislocation of the left elbow. The dislocation was reduced and a cast applied to the arm. A few days later surgery was performed to remove bone chips. Sometime in the next...

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