CHERRY v. HERQUES

No. 92 CA 1211.

623 So.2d 131 (1993)

Anthony M. CHERRY v. Anthony J. HERQUES, M.D.

Court of Appeal of Louisiana, First Circuit.

July 2, 1993.


Attorney(s) appearing for the Case

Darryl J. Tschirn, Metairie, for plaintiff and appellant—Anthony M. Cherry.

Michael J. Furman, New Orleans, for defendant and appellee—Anthony J. Herques, M.D.

Before CARTER, LeBLANC and PITCHER, JJ.


LeBLANC, Judge.

Anthony M. Cherry, plaintiff-appellant, sued his doctor, Anthony J. Herques, for damages he alleges he received during surgery. The matter was tried before a judge, and at the close of plaintiff's case, Dr. Herques moved for involuntary dismissal pursuant to La.C.C.P. art. 1672 B. The trial judge granted Dr. Herques' motion, dismissing Mr. Cherry's claims with prejudice. We affirm.

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