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SMITH v. CUTTS

No. 03-504.

862 So.2d 120 (2003)

Glenn SMITH, et al. v. Jimmie CUTTS, et al.

Court of Appeal of Louisiana, Third Circuit.

November 19, 2003.

Attorney(s) appearing for the Case

A. Bruce Perkins, II, Attorney at Law, Alexandria, LA, for Plaintiffs/Appellees, Glenn Smith, Cynthia Smith.

James E. Calhoun, Assistant Attorney General, Alexandria, LA, for Defendant/Appellant, State of Louisiana, Department of Health & Hospitals.

Court composed of BILLIE COLOMBARO WOODARD, MICHAEL G. SULLIVAN, and BILLY H. EZELL, Judges.

SULLIVAN, Judge.

The State of Louisiana, through the Department of Health and Hospitals (the State), appeals a judgment declaring that it must pay 50% of the damages awarded to Glenn and Cynthia Smith (the Smiths) in Smith v. Cutts, 99-253 (La.App. 3 Cir. 3/15/00), 759 So.2d 851, writ denied, 00-1081 (La.6/2/00), 763 So.2d 598. For the following reasons, we reverse.

Procedural...

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