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WILLIAMS ON BEHALF OF WILLIAMS v. KUSHNER

No. 83-CA-2466.

449 So.2d 455 (1984)

Prince A. WILLIAMS, on Behalf of his Minor Son, Mark L. WILLIAMS v. Jack KUSHNER, Drs. Jack Kushner and Herman R. Cohen, A Professional Medical Corporation, and Sherman Bernard in His Capacity as Commissioner of Insurance For the State of Louisiana.

Supreme Court of Louisiana.

April 2, 1984.

Attorney(s) appearing for the Case

Ammon L. Miller, Jr., Joseph W. Thomas, New Orleans, for plaintiff-appellee.

Harold A. Thomas, Donna L. Yukna, Edward F. Downing, III, Adams & Reese, New Orleans, for defendant-appellee.

William J. Guste, Jr., Atty. Gen., Ronald C. Davis and Lois C. Davis, Asst. Attys. Gen., for defendant-appellants.

MARCUS, Justice.

The issue in this medical malpractice action is whether a claimant who has agreed with the defendant doctor to a settlement for the limit of his liability ($100,000) is entitled to a jury determination of the excess amount of damages recoverable from the Louisiana Patient's Compensation Fund. From a judgment declaring La.R.S. 40:1299.44(C)(5), La.R.S. 13:5105 and La. Code Civ.P. art. 1732

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