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FUSILIER v. DAUTERIVE

No. 99-00692.

779 So.2d 950 (2001)

Mary and Lloyd FUSILIER Individually and as Legal Guardians of the Minor Child Lloyd Fusilier, III v. Edward W. DAUTERIVE, Jr., M.D, et al.

Court of Appeal of Louisiana, Third Circuit.

January 10, 2001.

Attorney(s) appearing for the Case

J. Minos Simon, J. Minos Simon, Ltd., Counsel for Plaintiff-Appellant.

Marc W. Judice, Judice & Adley, Lafayette, LA, Counsel for Defendant-Appellee, Dr. Edward W. Dauterive, Jr.

Mr. Peter T. Dazzio, Watson, Blanche, Wilson & Posner, Baton Rouge, LA, Counsel for Defendant Iberia General Hospital.

Court composed of SAUNDERS, PETERS, and GREMILLION, Judges.

SAUNDERS, Judge.

Mary Fusilier, Lloyd Fusilier Sr., Mary Fusilier's husband, and Lloyd Fusilier III, Mary Fusilier's grandson, brought this medical malpractice action against Iberia General Hospital, Dr. Edward Dauterive, and Dr. Joseph Fernandez, alleging negligence of the physicians when they performed a surgery on Mary Fusilier. The trial court dismissed Dr. Fernandez and Iberia General Hospital on summary judgment, and the jury found no negligence on

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