TRAHAN v. McMANUS

No. 94-167.

653 So.2d 89 (1995)

Lawrence TRAHAN and Marie Trahan, Plaintiffs-Appellants v. Dr. Robert McMANUS and St. Paul Fire and Marine Insurance Company, Defendants-Appellees.

Court of Appeal of Louisiana, Third Circuit.

Writ Denied June 2, 1995.


Attorney(s) appearing for the Case

J. Minos Simon, Lafayette, for Lawrence and Marie Trahan.

Nicholas Joseph Sigur, Lafayette, for Dr. Robert McManus and St. Paul Fire & Marine.

Before LABORDE, SAUNDERS, WOODARD and DECUIR, JJ., and GUIDRY, J. Pro Tem.


SAUNDERS, Judge.

The principal issue is whether the father and mother of an adult married child negligently discharged from the hospital by his treating physician may recover damages under LSA-C.C. art. 2315.6 for their allegedly debilitating mental anguish and emotional distress resulting from his death, when only the mother was with her son at the time of his discharge.

The trial court granted exceptions of no cause and no right of action filed by defendants...

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