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MUMPHREY v. GESSNER

No. 90-CA-2187.

581 So.2d 357 (1991)

Jean Edna MUMPHREY, as Tutor for, and on Behalf of Alan David Mumphrey, Jr., a Minor v. Ralph J. GESSNER, M.D., Walter H. Brent, Jr., M.D. Chalmette General Hospital, Inc., Sherman Bernard, Commissioner of Insurance and the Louisiana Patient's Compensations Fund.

Court of Appeal of Louisiana, Fourth Circuit.

May 30, 1991.

Attorney(s) appearing for the Case

Stewart E. Niles, Jr., Deborah A. Van Meter, Jones, Walker, Waechter, Poitevent, Carrere & Denegre, New Orleans, for defendant-appellee Ralph J. Gessner, M.D.

James E. Hritz, Rodney J. Lacoste, Jr., Stassi, Rausch & Giordano, Metairie, for defendants-appellants Ralph J. Gessner, M.D., Walter H. Brent, Jr. M.D., Chalmette General Hosp., Inc., Sherman Bernard Com'r of Ins. and the Louisiana Patient's Compensation Fund.

Before KLEES, LOBRANO and WARD, JJ.

KLEES, Judge.

The Louisiana Patient's Compensation Fund appeals the trial court's granting of summary judgment dismissing its third party demand against Dr. Ralph Gessner. We affirm.

This action arises out of a claim by Jean Edna Mumphrey on behalf of the minor, Alan David Mumphrey, for the wrongful death of his mother, Donna Mumphrey, on February 11, 1985, following complications which arose after Ms. Mumphrey underwent back surgery.

Plaintiff first...

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