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CANGELOSI v. OUR LADY OF LAKE REGIONAL MEDICAL CENTER

No. 87 CA 1626.

542 So.2d 90 (1989)

Marion A. CANGELOSI, Sr. and Lou Cangelosi v. OUR LADY OF THE LAKE REGIONAL MEDICAL CENTER, et al.

Court of Appeal of Louisiana, First Circuit.

Writ Granted June 30, 1989.

Attorney(s) appearing for the Case

Malcolm Dugas, Jr., Donaldsonville, for plaintiff-appellant Marion A. Cangelosi, Sr. et ux.

Roger Fritchie, Baton Rouge, for defendant-appellee Our Lady of the Lake Regional Medical Center.

Herb Mang, Baton Rouge, for defendant-appellee Anesthesiology Group Associates Marshall Sommers, M.D., Martin Peuler, M.D.

Frank Middleton, Baton Rouge, for defendant-appellee Dr. Ronald Radzikowski, Dr. James Osterberger, Jr.

Robert Kleinpeter, Baton Rouge, for defendant-appellee Dr. William Booth, Dr. Donald Cowick.

William Faller, Baton Rouge, for defendant-appellee A.L. Ashbaugh.

Before COVINGTON, C.J., and WATKINS and CRAIN, JJ.

WATKINS, Judge.

This appeal presents the question of whether or not a refusal to give an instruction on res ipsa loquitur in a medical malpractice case usurps the province of the jury. After all the evidence was presented, the trial judge considered the evidence and made a determination that the doctrine was not applicable. The action of the trial judge was pursuant to the mandate of LSA-R.S. 9:2794(C).

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