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EVANS v. NOGUES

No. 98-CA-1827

726 So.2d 1115 (1999)

Sandie EVANS v. Louis Phillip NOGUES, III, DDS and Medical Protective Company.

Court of Appeal of Louisiana, Fourth Circuit.

January 27, 1999.

Attorney(s) appearing for the Case

Glenn E. Diaz, Carlos Zelaya, Chalmette, Louisiana, Counsel for Plaintiff/Appellee.

Peter E. Sperling, Greg A. Pellegrini, New Orleans, Counsel for Defendant/Appellant.

Court composed of Judge STEVEN R. PLOTKIN, Judge CHARLES R. JONES, Judge Pro Tempore PHILIP C. CIACCIO.

PLOTKIN, Judge.

This case presents the issue of whether summary judgment may be utilized to grant the statutory cap for medical malpractice damages to a plaintiff and against the Louisiana Patients' Compensation Fund in a case without economic loss, but with subjective general damages.

Appellant, the Louisiana Patients' Compensation Fund, (hereinafter, PCF) appeals the judgment of the trial court granting summary judgment in favor of the plaintiff, Sandie...

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