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McCRORY v. JEFFERSON PARISH HOSP. SERV.

No. 96-CA-624.

686 So.2d 1060 (1996)

Flory McCRORY and Leslie McCrory, v. JEFFERSON PARISH HOSPITAL SERVICE DISTRICT NO. 2 d/b/a East Jefferson General Hospital.

Court of Appeal of Louisiana, Fifth Circuit.

December 30, 1996.

Attorney(s) appearing for the Case

Rene' A. Curry, Jr., New Orleans, for The Louisiana Patients' Compensation Fund Oversight Board.

George P. Hebbler, Jr., New Orleans, Kurt P. Forshag, Metairie, for Plaintiffs/Appellees.

Before GRISBAUM, WICKER and CANNELLA, JJ.

WICKER, Judge.

The issue on this medical malpractice appeal is whether the Louisiana Patient's Compensation Fund may assert the victim's contributory/comparative negligence to reduce the amount of damages it must pay under the Medical Malpractice Act. The trial court rejected the Patient Compensation Fund's attempt to apply comparative fault. We affirm.

Bert McCrory was injured in an automobile accident on May 15, 1992, in which he sustained a closed fracture...

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