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WILLIAMS v. KUSHNER

No. CA-8709.

524 So.2d 191 (1988)

Prince A. WILLIAMS v. Jack KUSHNER, et al.

Court of Appeal of Louisiana, Fourth Circuit.

Writ Granted June 2, 1988.

Attorney(s) appearing for the Case

Rene A. Pastorek, Windhorst, Pastorek & Gaudry, Gretna, for defendant-intervenor-cross-appellee, Sherman Bernard, Com'r of Ins., State of La.

Sam A. LeBlanc, III, Robert J. Conrad, Jr., Richard A. Goins, Adams and Reese, New Orleans, for intervenors-cross-appellees, Louisiana State Medical Soc. and Louisiana Medical Mut Ins. Co.

Joseph W. Thomas, Ammon L. Miller, Angelique A. Reed, New Orleans, for appellant, Prince A. Williams.

Before GULOTTA, C.J., and LOBRANO and WARD, JJ.

WARD, Judge.

We are called upon in this case to determine whether the 500,000 dollar limitation of La.R.S. 40:1299.42(B)(1) on damages recoverable for injuries caused by the malpractice of a private health care provider violates the Right to Individual Dignity and Access to Courts clauses of the Louisiana Constitution of 1974.

The unconstitutionality of the limitation was asserted in a petition for damages filed by Prince A. Williams on behalf of his minor...

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