GEIGER v. STATE EX REL DEPT. OF HEALTH

No. 2001-CC-2206.

815 So.2d 80 (2002)

Bennett GEIGER and Peggy Pendarvis, Individually and on Behalf of their Minor Daughter, Suzanne Nicole Pendarvis, v. STATE of Louisiana, through the DEPARTMENT OF HEALTH AND HOSPITAL and Earl K. Long Medical Center.

Supreme Court of Louisiana.

April 12, 2002.


Attorney(s) appearing for the Case

Richard P. Ieyoub, Attorney General, Barry G. Toups, Thibodaux, for applicant.

Steven A. Adams, for respondent.

Carlton Jone, III, Larry M. Roedel, Baton Rouge, for Louisiana Patient's Compensation Fund


KIMBALL, J.

In this medical malpractice suit against the state, the state filed an exception of prescription which was overruled by the trial court. The court of appeal affirmed on the ground that prescription was interrupted by a previous and timely-filed products liability suit which alleged solidary liability between the products liability defendants and the state. In this court, the parties admit that the evidence shows that the products liability suit was not...

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