BOUTTE v. JEFFERSON PARISH HOSP. SERVICE

No. 01-CA-918.

807 So.2d 895 (2002)

Daniel J. BOUTTE and his Wife Sandra Boutte, Individually and on Behalf of their Minor Child, Sandi Boutte, and his Sons, Daniel J. Boutte, Jr., and Ernest Mamolo, III v. JEFFERSON PARISH HOSPITAL SERVICE DISTRICT NO. 1, d/b/a West Jefferson General Hospital, Charity Hospital in New Orleans, Jefferson Parish Hospital Service District No. 2, d/b/a East Jefferson General Hospital, Hotel Dieu Hospital and Daughters of Charity of St. Vincent De Paul, Inc., St. Louis, U.S.A.

Court of Appeal of Louisiana, Fifth Circuit.

January 15, 2002.


Attorney(s) appearing for the Case

C.A. Fleming, III, Fleming & Rosamond, Metairie, LA, Attorney for Plaintiffs/Appellants.

Richard P. Ieyoub, Attorney General, Jude D. Bourque, Assistant Attorney General, Louisiana Department of Justice, Litigation Division, Baton Rouge, LA, Attorneys for Defendant/Appellee (Medical Center of Louisiana at New Orleans, formerly known as Charity Hospital In New Orleans).

Fredrick W. Bradley, Oreck, Bradley, Crighton, Adams & Chase, New Orleans, LA, Attorney for Defendant/Appellee (Hotel Dieu Hospital).

Antonio E. Papale, Jr., Robert D. Ford, Hailey, McNamara, Hall, Larmann & Papale, Metairie, LA, Attorneys for Defendants/Appellees (Jefferson Parish Hospital Service District No. 1 d/b/a West Jefferson General Hospital and Fireman's Fund Insurance Company).

Peter J. Butler, Peter J. Butler, Jr., Richard G. Passler, Michael C. Luquet, Breazeale, Sachse & Wilson, New Orleans, LA, Attorneys for Defendants/Appellees (Hospital Service District No. 1 of Jefferson Parish d/b/a West Jefferson Medical Center).

Ben Mayeaux, Laborde & Neuner, Lafayette, LA, and Jennifer M. Ellin, Caron, Constants & Wilson, Chicago, IL, Attorneys for Defendant/Appellee (Fireman's Fund Insurance Company).

Thomas P. Anzelmo, Catherine M. Williams, Campbell, McCranie, Sistrunk, Anzelmo & Hardy, Metairie, LA, Attorneys for Defendant/Appellee (East Jefferson General Hospital).

Panel composed of Judges SOL GOTHARD, THOMAS F. DALEY and CLARENCE E. McMANUS.


GOTHARD, Judge.

This appeal is brought by plaintiffs, Daniel and Sandra Boutte, individually and on behalf of their children, Sandi Boutte, and Daniel Boutte, Jr., and Daniel Boutte's adopted son, Ernest Mamolo, III. The judgment from which plaintiffs appeal is a grant of four summary judgment motions filed by various hospital defendants. For reasons that follow, we affirm.

This matter began with a petition filed by plaintiffs naming Jefferson Parish Hospital...

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