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MAGEE v. PITTMAN

No. 98 CA 1164.

761 So.2d 731 (2000)

Arlene Hertzog MAGEE, Individually, and as Natural Tutrix for Mary Ellen Magee and Marsha Danielle Magee; and Ruth Magee Sorrell v. Marcus L. PITTMAN, Jr., M.D.

Court of Appeal of Louisiana, First Circuit.

May 12, 2000.

Attorney(s) appearing for the Case

Deborah E. Lavender, New Orleans, for Plaintiffs/Appellants # 1, Arlene Hertzog Magee, Individually, and as Natural Tutrix for Mary Ellen Magee and Marsha Danielle Magee; and Ruth Magee Sorrell.

Milo A. Nickel, Jr., Lake Charles, for Defendant/Appellant # 2, Marcus L. Pittman, Jr., M.D. and Defendant/Appellant # 3, Louisiana Patients' Compensation Fund.

Before: LeBLANC, PETTIGREW, and KLINE, JJ.

KLINE, J. Pro Tempore.

This appeal involves a medical malpractice action. The jury rendered a verdict finding the defendant 20 percent at fault, the plaintiff 20 percent at fault and a nonparty 60 percent at fault. The jury awarded damages for the decedent's survival action and the plaintiffs' wrongful death actions. The plaintiffs filed a motion for an additur, which was granted in part by the trial court. The plaintiffs and defendant both appeal.

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