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CASEY v. SOUTHERN BAPTIST HOSP.

No. CA-8146.

526 So.2d 1332 (1988)

Stephanie CASEY, et al. v. SOUTHERN BAPTIST HOSPITAL, et al.

Court of Appeal of Louisiana, Fourth Circuit.

May 12, 1988.

Attorney(s) appearing for the Case

Gregory F. Gambel, Thomas B. Calvert, New Orleans, for plaintiff—Stephanie Casey.

William S. Penick, Bryan C. Misshore, Lemle, Kelleher, Kohlmeyer, Dennery, Hunley, Moss & Frilot, William W. Waring, Jr., New Orleans, for defendant—Southern Baptist Hosp.

William J. Guste, Jr., Atty. Gen., Warren E. Mouledoux, First Asst. Atty. Gen., Lois C. Davis, Asst. Atty. Gen., Dept. of Justice, New Orleans, for defendant-appellee— State of La.

Before BARRY, ARMSTRONG and PLOTKIN, JJ.

BARRY, Judge.

This suit for damages is based on the alleged contraction of hepatitis from a blood transfusion. The issue is plaintiff's claim that La.Civil Code Art. 2322.1 and La.R.S. 9:2797 are unconstitutional therefore making strict liability applicable to these facts. After trial on the merits, the district court found no constitutional violation and dismissed plaintiff's suit. Plaintiff urges there are fatal infirmities due to the legislative procedures followed...

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