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HARRISON v. SMITH

No. 96-CA-1005.

694 So.2d 1090 (1997)

Ronald HARRISON, Individually and on Behalf of his wife, Doris Harrison and on Behalf of his minor child, Avery Doyle Harrison v. Dr. T. Richard SMITH, Dr. Wayne Grundmeyer and Meadowcrest Hospital.

Court of Appeal of Louisiana, Fifth Circuit.

April 29, 1997.

Attorney(s) appearing for the Case

G. Frederick Kelly, III, Kelly & Davenport, New Orleans, for Plaintiff/Appellant.

Lawrence D. Wiedemann, New Orleans, for Defendant/Appellee.

Before GRISBAUM, DUFRESNE and GOTHARD, JJ.

GOTHARD, Judge.

This matter involves a medical malpractice and wrongful death claim by Ronald Harrison for the death of his wife, Doris Harrison, and his minor child, Avery Doyle Harrison.

Pursuant to La. R.S. 40:1299.44(C)(5), on May 19, 1994, plaintiff reached a court-approved settlement with one of the doctors on the case, Dr. Smith and his insurer, in the amount of $100,000. Plaintiff, in this settlement, reserved his rights against the Louisiana Patient...

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