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PETERS v. HORTMAN

No. 2003 CA 2597.

897 So.2d 131 (2004)

James D. PETERS, Individually, James D. Peters, Administrator of the Estate of Gloria Dean, Daughter of James and Gloria Peters, and Son of James and Gloria Peters v. Richard V. Truitle HORTMAN, MD and ABC Insurance Company.

Court of Appeal of Louisiana, First Circuit.

Writ Denied February 4, 2005.

Attorney(s) appearing for the Case

Frank J. D'Amico, Jr., Judith Ann Gic, New Orleans, for Plaintiffs-Appellants James D. Peters, Individually, and James D. Peters Administrator of the Estate of Gloria Dean, Daughter of James and Gloria Peters, and Son of James and Gloria Peters.

Nicholas Gachassin, Jr., Nicholas Gachassin, III, Lafayette, for Defendant-Appellee Richard V. Hortman, MD.

Before: CARTER, C.J., PETTIGREW, and McDONALD, JJ.

PETTIGREW, J.

In this medical malpractice case, plaintiffs appeal from a trial court judgment granting summary judgment in favor of defendant and dismissing plaintiffs' claims against defendant with prejudice. For the reasons that follow, we reverse and remand.

FACTS AND PROCEDURAL HISTORY

On January 7, 2002, plaintiffs, James D. Peters, individually and on behalf of his children ("plaintiffs"), filed the instant medical malpractice action against...

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