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PRIMEAUX v. ST. PAUL FIRE & MARINE INS. CO.

No. 03-0466.

862 So.2d 496 (2003)

Mervin PRIMEAUX, Indiv. and Elizabeth Primeaux, Indiv. v. ST. PAUL FIRE & MARINE INS. CO. and Dr. Richard Laborde.

Court of Appeal of Louisiana, Third Circuit.

December 17, 2003.

Attorney(s) appearing for the Case

James R. Shelton, Durio, McGoffin, Stagg & Ackermann, Lafayette, LA, for Defendant/Appellee, St. Paul Fire & Marine Ins. Co., Dr. Richard Laborde.

Todd A. Townsley, Townsley Law Firm, Lake Charles, LA, for Plaintiff/Appellant, Mervin Primeaux, Elizabeth Primeaux.

Court composed of SYLVIA R. COOKS, JOHN D. SAUNDERS, and JIMMIE C. PETERS, Judges.

SAUNDERS, J.

Plaintiff appeals the judgment of the trial court finding that the partial paralysis of his phrenic nerve was not caused by malpractice on the part of Defendant, Dr. Richard Laborde. For the reasons stated below, we affirm.

FACTS

On September 3, 1997, Mervin Primeaux was admitted to Lake Charles Memorial Hospital for total left shoulder replacement surgery by Dr. David Drez, orthopedic surgeon. This is a particularly painful procedure...

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