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CEASAR v. BARRY

No. 02-52.

823 So.2d 998 (2002)

Adam J. CEASAR, Sr., Individually and on behalf of his minor son, Adam J. Ceasar v. Dr. Richard J. BARRY and Lake Charles Memorial Hospital.

Court of Appeal of Louisiana, Third Circuit.

Rehearing Denied September 11, 2002.

Attorney(s) appearing for the Case

Robert W. Stratton, Baton Rouge, LA, for Plaintiffs/Appellees, Adam J. Ceasar, Sr. Individually and on behalf of his minor son, Adam Ceasar, Jr. and Elvia Ceasar.

Milo A. Nickel, Jr., Lake Charles, LA, for the Defendant/Appellant Louisiana Patients' Compensation Fund.

Court composed of NED E. DOUCET, JR., Chief Judge, HENRY L. YELVERTON, JOHN D. SAUNDERS, OSWALD A. DECUIR, and MICHAEL G. SULLIVAN, Judges.

DOUCET, Chief Judge.

The Patient's Compensation Fund (PCF) appeals the trial court's judgment granting the Plaintiffs' motion for summary judgment and rendering judgment in favor of the Plaintiff.

The underlying facts of this case are not in dispute. They were outlined by this court in a previous appeal in this same case, Ceasar v. Barry, 99-01733, fn. 1 (La. App. 3 Cir. 11/02/00); 772 So.2d 331, as follows:

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