MONTAGINO v. CANALE

No. 84-3387.

792 F.2d 554 (1986)

Martha Stull MONTAGINO, Plaintiff-Appellant, v. Dr. Salvador "Sal" CANALE, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

June 25, 1986.


Attorney(s) appearing for the Case

Dwight W. Norton, New Orleans, La., for plaintiff-appellant.

C. William Bradley, Jr., Lemle, Kelleher, Kohlmeyer & Matthews, H. Martin Hunley, Jr., New Orleans, La., for defendants-appellees.

Before IRVING L. GOLDBERG and JOLLY, Circuit Judges.


E. GRADY JOLLY, Circuit Judge:

In this medical malpractice diversity case, the plaintiff, Martha Stull Montagino, appeals a summary judgment in favor of Dr. Salvador Canale. Montagino's complaint alleges that Dr. Canale intentionally failed to inform Montagino that she had pulmonary tuberculosis and further failed to treat that condition. The district court, in granting summary judgment and dismissing the complaint, held that La.Rev.Stat.Ann. § 9:5628(A) (West...

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