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RUIZ v. ONIATE

No. 97-C-2412.

713 So.2d 442 (1998)

Ronald S. RUIZ v. Frank J. ONIATE, Jr. Frank J. ONIATE, Jr. v. Lanzio MAGEE and Boh Brothers Construction Company, Inc. Frank J. ONIATE, Jr. v. ST. JUDE MEDICAL CENTER, INC. Frank J. ONIATE, Jr. v. MAHORNER CLINIC, et al.

Supreme Court of Louisiana.

May 19, 1998.

Attorney(s) appearing for the Case

Miles Gregory Trapolin, New Orleans, Richard Phillip Ieyoub, Attorney General, for Applicant.

Evan Farrell Trestman, Robert Alan Caplan, Vincent J. Glorioso, Jr., Terry E. Albritton, Dan Brian Zimmerman, M. David Gelfand, New Orleans, for Respondent.

KIMBALL, Justice.*

We granted this writ specifically to address the legal question of whether employees of the defendants, Charity Hospital of Louisiana at New Orleans and the State of Louisiana through the Department of Health and Hospitals (hereinafter "Charity"), are "persons" covered under the Malpractice Liability for State Services Act such that the $500,000 cap provided in La. R.S. 40:1299.39, as that statute existed in 1988,

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