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TAYLOR v. CLEMENT

No. 04-1069.

897 So.2d 909 (2005)

Charles Ray TAYLOR, Jr., et al. v. Richard J. CLEMENT, M.D., LPCF.

Court of Appeal of Louisiana, Third Circuit.

March 9, 2005.

Attorney(s) appearing for the Case

Oliver Jackson Schrumpf, Schrumpf & Schrumpf, Sulphur, LA, for Plaintiffs/Appellants, Charles Ray Taylor, Jr. & Sharon Taylor.

Michael Keith Prudhomme, Lundy & Davis, Lake Charles, LA, for Intervenor/Appellee, Louisiana Patient's Compensation Fund.

Court composed of SYLVIA R. COOKS, ELIZABETH A. PICKETT, and BILLY HOWARD EZELL, Judges.

PICKETT, Judge.

Plaintiffs, Charles and Sharon Taylor, appeal a judgment of the trial court denying their motion for summary judgment seeking to have the limitations on recovery for damages imposed by the Louisiana Medical Malpractice Act, La.R.S. 40:1299.41, et seq., declared unconstitutional and granting the motion for summary judgment filed by defendant, the Louisiana Patient's Compensation Fund, upholding the constitutionality of the limitation on recovery or...

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