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HARRIS v. STERNBERG

Nos. 2001-CA-1827, 2001-CA-2170.

819 So.2d 1134 (2002)

Theodore HARRIS, Jr. v. Dr. Melville J. STERNBERG and ITT Hartford Insurance Company. Theodore Harris, Jr., v. Hartford Insurance Company of the Southeast, Louisiana Medical Mutual Insurance Company and Dr. Melville J. Sternberg.

Court of Appeal of Louisiana, Fourth Circuit.

May 22, 2002.

Attorney(s) appearing for the Case

Mark W. Smith, Metairie, LA, for Plaintiff/Appellant.

Elizabeth Smyth Sirgo, Chopin, Wager, Cole, Richard, Reboul & Kutcher, LLP, Mandeville, LA, for Defendant/Appellant, Hartford Insurance Co. of the Southeast.

Arthur F. Hickham, Jr., Adams and Reese L.L.P., New Orleans, LA, for Defendant/Appellee, Louisiana Medical Mutual Insurance Co.

Michael G. Cordes, David D. Bravo, Hoffman, Siegel, Seydel, Bienvenu & Centola, New Orleans, LA, for Defendant/Appellee, Dr. Melville J. Stanberg.

(Court composed of Judge MICHAEL E. KIRBY, Judge MAX N. TOBIAS, JR., Judge DAVID S. GORBATY).

DAVID S. GORBATY, Judge.

Plaintiff1 and Hartford Insurance Company of the Southeast (Hartford) appeal a summary judgment granted in favor of Louisiana Medical Mutual Insurance Company (LAMMICO). For the following reasons, we reverse.

FACTS:

The facts of this case are undisputed. On May 28, 1996, Theodore Harris, Jr., visited the office of Dr. Melville Sternberg for a scheduled appointment. Dr. Sternberg was treating Mr...

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