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MURRAY v. OPTION CARE

No. 2000-CA-2065.

801 So.2d 1203 (2001)

Robert MURRAY v. OPTION CARE and Gala Rusich, R.N.

Court of Appeal of Louisiana, Fourth Circuit.

November 21, 2001.

Attorney(s) appearing for the Case

Christopher J. Bruno, Janine C. Williams, Bruno & Bruno, L.L.P., New Orleans, LA, Counsel for Plaintiff/Appellant.

Arthur F, Hickham, Jr., Adams and Reese LLP, New Orleans, LA, Counsel for Defendant/Appellee.

Court composed of Judge JOAN BERNARD ARMSTRONG, Judge MICHAEL E. KIRBY and Judge TERRI F. LOVE.

JOAN BERNARD ARMSTRONG, Judge.

This is an appeal from a summary judgment for one of the defendants in a nursing malpractice case. The basis of the summary judgment was an "independent contractor" defense. Because we find that genuine issues of material fact exist as to whether the nurse involved was an independent contractor, we must reverse the summary judgment and remand for further proceedings.

Plaintiff Robert...

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