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PERNIA v. TRAIL

No. 87-CA-581.

519 So.2d 231 (1988)

Rita Carabeo Pernia, Wife of and Jose PERNIA v. Mervin TRAIL, M.D.

Court of Appeal of Louisiana, Fifth Circuit.

Writ Denied March 11, 1988.

Attorney(s) appearing for the Case

Martin E. Regan, Jr., Regan & Associates, New Orleans, for plaintiffs-appellants.

Charles A. Boggs, Thomas W. Lewis, Boggs, Loehn & Rodrigue, New Orleans, for defendant-appellee.

Before KLIEBERT, BOWES and GAUDIN, JJ.

KLIEBERT, Judge.

Plaintiffs Rita and Jose Pernia brought this medical malpractice action for recovery of damages allegedly sustained as a result of defendant Dr. Mervin Trail's negligent performance while surgically removing a cyst from Mrs. Pernia's throat. After a judge trial Dr. Trail's exception of prescription was overruled and judgment rendered dismissing the Pernias' suit on the merits for failure to prove Dr. Trail was guilty of negligence or malpractice....

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