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BOONE v. STATE

No. 97-321.

709 So.2d 300 (1998)

Clyde BOONE, Plaintiff, v. STATE of Louisiana, Through the DEPARTMENT OF HEALTH AND HOSPITALS, Defendant-Applicant.

Court of Appeal of Louisiana, Third Circuit.

Writ Denied May 15, 1998.

Attorney(s) appearing for the Case

Clint D. Bischoff, Lafayette, for Clyde Boone.

Patrick J. Briney, Lafayette, for State, Though Dept. of Health & Hospitals.

Before DOUCET, C.J., and THIBODEAUX, SULLIVAN, DECUIR and PICKETT, JJ.

DECUIR, Judge.

Writ granted. The judgment of the trial court denying applicant's motion for jury trial is reversed.

Clyde Boone filed a medical malpractice suit against the State of Louisiana, through the Department of Health and Hospitals (DHH) on July 13, 1995. La. R.S. 13:5105(A) was amended effective January 1, 1994, to allow for jury trials against the state or state agencies. Section 2 of Acts 1993, No. 993 provides: "This Act shall become effective...

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