ROMAGUERA v. OVERBY

No. 97-CA-1654.

709 So.2d 266 (1998)

Phyllis A. ROMAGUERA v. John L. OVERBY, M.D. and Strato Medical Corp.

Court of Appeal of Louisiana, Fourth Circuit.

March 4, 1998.


Attorney(s) appearing for the Case

Stephanie M. Lawrence, Murray Law Firm, New Orleans, for Plaintiff/Appellant.

Deborah Cunningham Foshee, Arthur F. Hickham, Jr., Adams and Reese, New Orleans, for Defendant/Appellee.

Before SCHOTT, C.J., and LOBRANO and WALTZER, JJ.


SCHOTT, Chief Judge.

Plaintiff has appealed from a judgment dismissing her medical malpractice claim against defendant, Dr. John L. Overly, on an exception of prescription. The issues are whether defendant's conduct constituted a continuing tort so that the three year prescriptive period established by LSA-R.S. 9:5628 did not begin to run until long after the initial tort and whether this statute is unconstitutional. We affirm.

On February 6, 1991, Dr. Overby...

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