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SMITH v. STATE, DEPT. OF HEALTH & HOSPITALS

No. 2003-CA-1845.

876 So.2d 208 (2004)

Jennifer SMITH, on Behalf of Molly SMITH, Heidi Smith and Robert Smith, and Letitia Nelson on Behalf of Ralensee Nelson v. STATE of Louisiana, DEPARTMENT OF HEALTH & HOSPITALS, Louisiana State Medical Center of New Orleans and Coroner Frank Minyard.

Court of Appeal of Louisiana, Fourth Circuit.

May 26, 2004.

Attorney(s) appearing for the Case

Jarvis J. Claiborne, Jarvis J. Claiborne, APLC, Opelousas, LA, Wanda A. Davis, Leefe, Gibbs, Sullivan, Dupre and Aldous, L.L.C., Metairie, LA, for Plaintiffs/Appellants.

Darryl J. Foster, J. Don Kelly, Jr., Lemle & Kelleher, L.L.P., New Orleans, LA, for Defendant/Appellee, Frank Minyard, M.D., Coroner of Orleans Parish.

Charles C. Foti, Jr., Attorney General, M. Chadwick Pellerin, Assistant Attorney General, Department of Justice, Litigation Division, New Orleans, LA, for Defendant/Appellee, Department of Health, LSU Medical Center.

(Court composed of Judge CHARLES R. JONES, Judge PATRICIA RIVET MURRAY, and Judge TERRI F. LOVE).

CHARLES R. JONES, Judge.

The Appellants, Jennifer Smith, et. al., appeal the judgment of the district court granting two motions for summary judgment in favor of the Appellees, the State of Louisiana, on behalf of Charity Hospital in New Orleans (hereinafter "Charity"), and Coroner, Frank Minyard. For the reasons assigned, we affirm in part and reverse in part.

Facts and Procedural History

Robert Anderson was involved in a vehicle/pedestrian accident...

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