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HUNTER v. LEDOUX

No. 2000-CA-2227, 2000-CA-2228, 2000-CA-2229.

825 So.2d 1215 (2002)

James HUNTER, Individually and on Behalf of his Deceased Wife, Hattie Hunter v. Dr. Elma LEDOUX, Dr. Phelan, Dr. Gillespi, Dr. McLean and Touro Hospital a/k/a Touro Clinic a/k/a Touro Infirmary Hospital, James Hunter, Individually and on Behalf of His Deceased Wife, Hattie Hunter v. Dr. Elma Ledoux, Jr., Dr. Timothy Phelan, Dr. Gillespi, Touro Hospital a/k/a Touro Clinic a/k/a Touro Infirmary Hospital, Louisiana State University Medical School and the State of Louisiana. James Hunter, Individually and on Behalf of his Deceased Wife, Hattie Hunter v. Louisiana State University Medical Center, the State of Louisiana, Dr. Timothy Phelan and Dr. Joseph Gillespi.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied July 15, 2002.

Attorney(s) appearing for the Case

Robert J. Caluda, Stephen C. Juan, The Caluda and Rebennack Law Firm, New Orleans, Counsel for Plaintiff/Appellant.

Richard P. Ieyoub, Attorney General, Jude D. Bourque, Assistant Attorney General, Louisiana Department of Justice; Litigation Division, Baton Rouge, Counsel for Defendant/Appellee, State of Louisiana Through the LSU School of Medicine.

Lloyd W. Hayes, Buckley & Hayes, L.L.P., New Orleans, Counsel for Touro Infirmary.

Jacqueline G. Griffith, Charles O. Taylor, Lydia Habliston Toso, Griffith, Battard and Johnson, New Orleans, Counsel for Defendant/Appellee.

Court composed of Judge JOAN BERNARD ARMSTRONG, Judge PATRICIA RIVET MURRAY, Judge JAMES F. McKAY, III, Judge DENNIS R. BAGNERIS, Sr., Judge DAVID S. GORBATY.

GORBATY, Judge.

This appeal was lodged following the trial of a medical malpractice action. Because of procedural errors below, we reverse the judgment of the trial court, and remand this case for a new trial.

Procedural History:

After trial, the jury retired to deliberate. At some point, the jury inquired as to whether there must be at least nine jurors in agreement on each jury interrogatory. The court answered in the affirmative, and the jury...

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