Henry A. SIBLEY, III Curator of Jane Elizabeth Sibley, Interdict
v.
The BOARD OF SUPERVISORS OF LOUISIANA STATE UNIVERSITY and Agricultural and Mechanical College.
Supreme Court of Louisiana.https://leagle.com/images/logo.png
September 18, 1985.
Dissenting Opinion September 20 and 27, 1985.
Rehearing Denied October 17, 1985.
Attorney(s) appearing for the Case
David W. Robinson, Due, Dodson, deGravelles, Robinson & Caskey, Steve Marks, Marks & Lear, Baton Rouge, for plaintiff applicant.
Vincent P. Fornias, Kantrow, Spaht, Weaver & Blitzer, Baton Rouge, for defendants-respondents.
Robert J. Conrad, Jr., New Orleans, for Louisiana Medical Mut. Ins. Co.
Franklin D. Beahm, New Orleans, for Jefferson Soc. of Obstetricians and Gynecologists.
H. Lee Leonard, Keitha A. Leonard, Lafayette, for Lafayette Parish Medical Soc.
Philip A. LeTard, Vidalia, for Louisiana Soc. of Anethesiologists.
Gordon L. James, Monroe, for Ouachita and Calcasieu Parish Medical Societies.
Howard B. Gist, Jr., Alexandria, for Rapides Parish Medical Soc.
Donald T.W. Phelps, Baton Rouge, for Louisiana Academy of Family Physicians, Louisiana Psychiatric Ass'n and Lafourche Parish Medical Soc.
Henry B. Alsobrook, Jr., Patricia M. Hill, New Orleans, for Louisiana Section of the American College of Obstetricians and Gynecologists and the New Orleans Gynecological and Obstetrical Soc.
V. Elaine Boyle, Athena B. Piedrahita, Baton Rouge, for State of Louisiana.
Robert L. Roland, Peter T. Dazzio, Debra A. Templet, Baton Rouge, for Ass'n Ins. Trust Fund.
Ricardo M. Guevara, Baton Rouge, for Louisiana Hosp. Assn.
Roger M. Fritchie, Baton Rouge, for East Baton Rouge Medical Soc.
Sidney E. Cook, Shreveport, for Shreveport Medical Soc. and Bossier Parish Medical Soc.
Harvey J. Lewis, Russ Herman, New Orleans, for Louisiana Trial Lawyers in support of the application for rehearing on behalf of plaintiff-applicant.
D. Douglas Howard, Jr., Shawn Craddock Pedersen, Leslie A. Bonin, New Orleans, for Estate of Marlene Roubion.
Joseph W. Thomas, Ammon L. Miller, Jr., New Orleans, for Prince Williams.
Dermot S. McGlinchey, Paul M. Batiza, Eve Barrie Masinter, New Orleans, for Orleans Parish Medical Soc.
R. Gordon Kean, Jr., Pamela C. Walker, Baton Rouge, for Louisiana State Medical Soc.
Stewart E. Niles, Jr., New Orleans, Jefferson Parish Medical Soc. and Tulane Educational Fund.
Supreme Court of Louisiana.
[ON REHEARING]
DENNIS, Justice.
We granted rehearing to consider plaintiff's arguments that: (1) the statutory prohibition of a medical malpractice judgment exceeding 500,000 dollars does not apply to a state hospital governing board's independent liability for its own negligence, as opposed to its vicarious liability for the medical malpractice of its health care employees; (2) Jane Sibley's injuries were caused by the LSU Board's independent
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