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BISHOP v. SIMONTON

No. 24199-CW.

615 So.2d 8 (1993)

Sandra Graham BISHOP, Plaintiff-Respondent, v. Dr. E.C. SIMONTON, et al., Defendants-Applicants.

Court of Appeal of Louisiana, Second Circuit.

Writ Denied May 7, 1993.

Attorney(s) appearing for the Case

Perrin, Landry, deLaunay & Durand by Warren A. Perrin, Lafayette, for plaintiff.

Lunn, Irion, Johnson, Salley & Carlisle by James B. Gardner, Shreveport, for defendant, P & S Hosp.

Cook, Yancey, King & Galloway by Cynthia Anderson and Hershel E. Richard, Jr., Shreveport, for defendant, Dr. Simonton.

Before MARVIN, NORRIS and HIGHTOWER, JJ.

HIGHTOWER, Judge.

In this medical malpractice action, we exercised supervisory jurisdiction to address the contention of Physicians and Surgeons Hospital ("P & S"), one of the defendants, that the trial court improperly rejected a peremptory exception of prescription. Finding error in the retroactive application of the 1991 amendments to LSA-R.S. 40:1299.41(G) and 40:1299.47(A)(2)(a), we make the writ peremptory and reverse.

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