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DUMAS v. STATE EX REL. DEPT. OF CULT., REC.

No. 2002-CC-0563.

828 So.2d 530 (2002)

Marylin R. Dumas, Leroy DUMAS, Russell Dumas & Gloria Dumas v. STATE of Louisiana, through the DEPARTMENT OF CULTURE, RECREATION & TOURISM and the Department of Transportation & Development.

Supreme Court of Louisiana.

October 15, 2002.

Attorney(s) appearing for the Case

Richard Ieyoub, Attorney General, Richard A. Bailly, Baton Rouge, Counsel for Applicant.

Donald R. Brown, Alexandria, Counsel for Respondent.

Troy E. Bain, Shreveport, Counsel for Louisiana Trial Lawyers Association (Amicus Curiae).

KIMBALL, Justice.

This is a wrongful death and survival action brought to recover damages sustained when the victim was injured in a bicycle accident and subsequently died while being treated for those injuries in a hospital. We granted certiorari in this case to consider whether the 1996 amendments to La. C.C. arts. 2323 and 2324(B) allow the initial tortfeasor to present, as an affirmative defense, evidence relating to alleged malpractice on the part of the health...

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