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CADOGAN v. McCLANAHAN

No. 2003-CA-0603.

861 So.2d 250 (2003)

Marilyn Haynes CADOGAN, as Curatrix of the Estate of James A. Haynes, and James A. Haynes v. Jan McCLANAHAN, M.D. and Louisiana Medical Mutual Insurance Company.

Court of Appeal of Louisiana, Fourth Circuit.

November 12, 2003.

Attorney(s) appearing for the Case

H. Muldrow Etheredge, Covington, LA, for Plaintiff/Appellant.

Mary Fuchs Gaudin, Robert D. Ford, Mang, Batiza, Gaudin, Godofsky & Penzato, Metairie, LA, for Defendant/Appellee.

(Court composed of Judge CHARLES R. JONES, Judge JAMES F. McKAY, III, and Judge DENNIS R. BAGNERIS, SR.).

DENNIS R. BAGNERIS, SR., Judge.

Plaintiff, Marilyn Haynes Cadogan, as curatix of the estate of James Haynes appeals the dismissal of her medical malpractice action on exceptions of prescription asserted by the defendants Dr. Jan McClanahan and Louisiana Medical Mutual Insurance Company ("LMMICO") health care providers. We reverse and remand for the following reasons.

STATEMENT OF THE CASE

On March 23, 1991, James Haynes, a 66 year old gentleman...

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