MITCHELL v. KEDIA

No. 94-CA-89.

645 So.2d 730 (1994)

Walter MITCHELL v. Dr. S.M. KEDIA and Dr. Akio Kitahama.

Court of Appeal of Louisiana, Fifth Circuit.

Rehearing Denied December 19, 1994.


Attorney(s) appearing for the Case

James E. Shields, a Professional Law Corp., Gretna, for plaintiff-appellant, Walter Mitchell.

Harold A. Thomas, Thomas, Hayes, Beahm & Buckley, New Orleans, for defendant-appellee, Dr. S.M. Kedia.

Before KLIEBERT, C.J., and GAUDIN and BOWES, JJ.


KLIEBERT, Chief Judge.

Plaintiff, Walter Mitchell, sued S.M. Kedia, M.D.1 alleging he punctured or burned a hole in his lower bowel during an unauthorized total colonoscopic procedure and polypectomy surgery. At the close of plaintiff's case, defendant moved for an involuntary dismissal. The trial court granted the motion after refusing to allow plaintiff's expert to testify in the field of gastroenterology. Plaintiff appeals. We vacate...

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