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DUNNINGTON v. SILVA

No. 2004 CA 1788.

916 So.2d 1166 (2005)

Emmett DUNNINGTON, Rebecca Dunnington Smith and Darren B. Dunnington, Individually and on Behalf of the Estate of Marilyn P. Dunnington, the Estate of Connie Prather, and the Estate of James M. Prather v. Frank A. SILVA, M.D., and Our Lady of the Lake Regional Medical Center.

Court of Appeal of Louisiana, First Circuit.

Rehearing Denied December 22, 2005.

Attorney(s) appearing for the Case

Lawrence D. Wiedemann, New Orleans, Counsel for Plaintiffs/Appellants Emmett Dunnington, Rebecca Dunnington Smith and Darren B. Dunnington.

Douglas K. Williams, Baton Rouge, Counsel for Defendants/Appellees Frank A. Silva, M.D. and Our Lady of the Lake Regional Medical Center.

Before: WHIPPLE, McCLENDON, and WELCH, JJ.

McCLENDON, J.

In this appeal, plaintiffs challenge the trial court judgment granting summary judgment in favor of defendants and dismissing their claim for damages. For the following reasons, we affirm.

FACTS AND PROCEDURAL HISTORY

On May 22, 1995, James M. Prather killed his wife, Connie Prather, and his daughter, Marilyn P. Dunnington, in front of Mrs. Prather's beauty shop in Greenwell Springs, Louisiana. After killing Mrs. Prather and Mrs. Dunnington...

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