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McELRATH v. ST. TAMMANY PARISH HOSP.

No. 2001 CA 1052.

813 So.2d 665 (2002)

Lisa Tuminello McELRATH and Tina Tuminello v. ST. TAMMANY PARISH HOSPITAL, Lacombe Nursing Center, Tulane Medical Center, Dr. Rock Hontas, Dr. Patrick J. Torcson, Dr. D.R. Saucier, and Dr. Roy Gregory

Court of Appeal of Louisiana, First Circuit.

March 28, 2002.

Attorney(s) appearing for the Case

Harry E. Forst, New Orleans, for Plaintiffs-Appellants Lisa T. McElrath and Tina Tuminello.

Stephen D. Enright, Jr., Metairie, for Defendant—Appellee Lacombe Nursing Center.

Before: WHIPPLE, FOGG, and GUIDRY, JJ.

FOGG, Judge.

In this medical malpractice action, the plaintiffs contest the dismissal of one defendant pursuant to the granting of a motion for summary judgment. For the following reasons, we reverse.

Earlean Tuminello began residing at Lacombe Nursing Home on April 1, 1992. On the evening of April 4th, she was placed in bed and the side rails were raised. Early the following morning, an employee of the nursing home...

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