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LASSERE v. STATE, DEPT. OF HEALTH & HOSP., OFFICE OF PUBLIC HEALTH

No. 2000 CA 0306.

808 So.2d 513 (2001)

Gaspard LASSERE, Individually and as Administrator of His Minor Children, Brandon Lassere, Gabriel Lassere and Christyn Lassere v. STATE of Louisiana, DEPARTMENT OF HEALTH & HOSPITALS, OFFICE OF PUBLIC HEALTH, Dr. Victor Gonzales and Dr. Darren Gannuch.

Court of Appeal of Louisiana, First Circuit.

March 28, 2001.

Attorney(s) appearing for the Case

Keith Labat, Thibodaux, for Plaintiff/Appellant, Gaspard Lassere.

Caroline Norton, Assistant Attorney General, New Orleans, for Defendants/Appellees, State of Louisiana, Department of Health & Hospitals, Office of Public Health, and Dr. Darren Gannuch.

Before: WHIPPLE, KUHN and DOWNING, JJ.

WHIPPLE, J.

Plaintiff, Gaspard Lassere, appeals from the trial court's judgment granting the motion for summary judgment of defendants, the State of Louisiana, Department of Health and Hospitals, Office of Public Health ("DHH"), and Dr. Darren Gannuch. For the following reasons, we vacate and remand.

FACTS AND PROCEDURAL HISTORY

On January 9, 1996, plaintiff, the widower of Michelle Lassere, filed the instant wrongful death action individually and...

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