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SAMUEL v. BATON ROUGE GEN. MED. CENTER

No. 99 CA 1148.

798 So.2d 126 (2000)

Joyce T. SAMUEL, Tiffany Samuel, and Bridgette Samuel v. BATON ROUGE GENERAL MEDICAL CENTER, Terry R. Jones, M.D., John D. Frusha, M.D., and Vascular Surgery Associates of Baton Rouge, Inc.

Court of Appeal of Louisiana, First Circuit.

October 2, 2000.

Attorney(s) appearing for the Case

Benjamin P. Mouton, Baton Rouge, for Plaintiffs-Appellees/Appellants Joyce T. Samuel, Tiffany Samuel, and Bridgette Samuel.

James P. Doré, Baton Rouge, for Defendants -Appellants/Appellees Terry R. Jones, M.D. and Vascular Surgery Associates of Baton Rouge, Inc.

W. Luther "Bill" Wilson, Baton Rouge, for Defendants-Appellants/Appellees The Louisiana Patients' Compensation Fund and Patients' Compensation Fund Oversight Board.

Before: PARRO, GUIDRY, and GANUCHEAU, JJ.

PARRO, Judge.

The plaintiffs challenge the trial court's damage awards in this medical malpractice case. For the following reasons, we affirm the awards and dismiss defendants' appeal.

FACTUAL AND PROCEDURAL BACKGROUND

This malpractice litigation was bifurcated. The issue of liability was tried first, and the trial court determined that Terry R. Jones, M.D., a vascular surgeon, was fifty percent at fault in the wrongful death of Alfred Samuel. The...

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