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RICE v. SAGRERA

No. 95-155.

657 So.2d 419 (1995)

Franklin RICE, Sr., Plaintiff-Appellant, v. Dr. G. Douglas SAGRERA, Defendant-Appellee.

Court of Appeal of Louisiana, Third Circuit.

May 31, 1995.

Attorney(s) appearing for the Case

David Joseph Varisco, New Orleans, for Franklin Rice Sr.

Patrick J. Briney, Michael Patrick Corry, Lafayette, for Dr. G. Douglas Sagrera.

George W. Healy, IV, New Orleans, for George W. Healy, IV.

Berney Leopold Strauss, Marshall Joel Hough Jr., New Orleans, for Berney L. Strauss.

Before KNOLL and SULLIVAN, JJ., and BROUILLETTE, J. Pro Tem.

BROUILLETTE, Judge Pro Tem.

Franklin Rice's malpractice action against Dr. Douglas Sagrera was dismissed because of his failure to comply with court orders compelling discovery. This appeal asserts that dismissal was too harsh a sanction.

To properly evaluate the action by the trial court, the principal facts relating to discovery which led up to the dismissal should be examined chronologically:

January 3, 1990—Suit filed alleging malpractice...

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