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MOODY v. UNITED NAT. INS. CO.

No. 95-CA-1.

657 So.2d 236 (1995)

Jeanette MOODY and Max Moody, Individually and on Behalf of Their Minor Son, Jeffrey Moody, et al. v. UNITED NATIONAL INSURANCE COMPANY, et al.

Court of Appeal of Louisiana, Fifth Circuit.

Rehearing Denied July 17, 1995.

Attorney(s) appearing for the Case

George P. Hebbler, Jr., Turner, Young, Hebbler & Babin, New Orleans, and Kurt P. Forshag, Metairie, for plaintiffs/appellants.

Lawrence L. McNamara, Robert J. Conrad, Jr. and Arthur F. Hickham, Jr., Adams and Reese, New Orleans, for defendants/appellees.

Richard P. Ieyoub, Atty. Gen., C.T. Williams, Jr. and J. Elliott Baker, Blue Williams, L.L.P., Sp. Asst. Attys. Gen., Metairie, for intervenor/appellee.

Before BOWES, GAUDIN and WICKER, JJ.

WICKER, Judge.

This is a medical malpractice suit for negligent treatment of Jeffrey Moody which resulted in his sustaining permanent brain damage. At issue on this appeal is the constitutionality of the Medical Malpractice Act's $100,000 limitation on recovery against a qualified health care provider. The trial court denied plaintiffs' request for a declaratory judgment of unconstitutionality and dismissed the defendant physician and his insurer because they had...

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