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TARBUTTON v. ST. PAUL FIRE & MARINE INS.

No. 35,362-CA.

803 So.2d 273 (2001)

Willie Edna TARBUTTON, Plaintiff-Appellant, v. ST. PAUL FIRE & MARINE INSURANCE CO., et al., Defendants-Appellees.

Court of Appeal of Louisiana, Second Circuit.

December 5, 2001.

Attorney(s) appearing for the Case

C. Daniel Street, Monroe, Counsel for Appellant.

Pettiette, Armand, Dunkelman, Woodley, Byrd & Cromwell by Lawrence W. Pettiette, Jr., Joseph S. Woodley, Counsel for Appellees.

Before BROWN, PEATROSS and DREW, JJ.

BROWN, Judge.

In this medical malpractice action, plaintiff, Willie Edna Tarbutton, has appealed from a judgment in favor of defendants, St. Paul Fire and Marine Insurance Co. and Dr. J.B. Duke McHugh, dismissing her claim for damages. Plaintiff asserts that Dr. McHugh violated the applicable standard of care by performing a second colonoscopy within three years of the first procedure. The facts are not in dispute and each party rests its case on expert opinion. Finding...

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