JETER v. SHAMBLIN

No. 32,618-CA.

750 So.2d 521 (2000)

Bobbie F. JETER, Plaintiff-appellant, v. Dr. James R. SHAMBLIN, Defendant-appellee.

Court of Appeal of Louisiana, Second Circuit.

February 1, 2000.


Attorney(s) appearing for the Case

Davidson, Nix & Jones by Allison A. Jones, Grant E. Summers, Shreveport, Counsel for Appellant.

Mayer, Smith & Roberts by Mark A. Goodwin, Shreveport, Counsel for Appellee.

Before GASKINS, CARAWAY and KOSTELKA, JJ.


CARAWAY, J.

In this medical malpractice action, the trial court sustained defendant's exception of prescription. The trial court held that the doctrine of contra non valentem was inapplicable in this case, and that sustaining the exception of prescription based on La. R.S. 9:5628 did not violate plaintiffs' right to equal protection under the law. From this judgment the plaintiff has appealed. For the reasons set forth below, we affirm in part, vacate in part...

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