HARVEY v. DAVIS

No. C-0961.

432 So.2d 1203 (1983)

Audrey HARVEY, et al., v. James R. DAVIS, M.D., et al.

Court of Appeal of Louisiana, Fourth Circuit.

June 7, 1983.


Attorney(s) appearing for the Case

Herbert A. Cade and Ernest F. Charbonnet, New Orleans, for plaintiff.

Harry E. Forst, New Orleans, for defendant.

Before GULOTTA, GARRISON and KLEES, JJ.


GULOTTA, Judge.

In this medical malpractice case, the defendant-relator, Dwight McKenna, M.D., seeks supervisory writs to set aside the trial court's judgment overruling his exception of prescription. According to defendant, the suit filed more than three years after the alleged malpractice is untimely under LSA-R.S. 9:5628, despite plaintiffs' claim of discovery of their cause of action within a year prior to filing. We deny the writ application.

Plaintiffs...

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