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EWING v. AUBERT

No. 88-C-2781.

566 So.2d 616 (1990)

Kenneth W. EWING, et al., v. Clinton C. AUBERT, M.D., et al.

Supreme Court of Louisiana.

Rehearing Denied September 27, 1990.

Dissenting Opinion December 5, 1990.

Attorney(s) appearing for the Case

Michael Colomb, Alfred Speer, Steve Mannear, Poynter, Mannear & Speer, Baton Rouge, for applicants.

Robert L. Kleinpeter, Kleinpeter & Kleinpeter, Donald S. Zuber, Seale, Smith & Phelps, Baton Rouge, for respondents.

Dissenting Opinion of Justice Calogero December 5, 1990.

COLE, Justice.**

Plaintiff seeks to challenge the constitutionality of the recovery limitation set forth in the Louisiana Medical Malpractice Act (La.R.S. 40:1299.41 et seq.). The lower courts pretermitted discussion of the constitutional issues, finding there was a settlement between plaintiff and the tortfeasor. For the reasons assigned, we affirm the judgment below...

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