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ORTOLANO v. BDI MARKETING

No. 05-CA-989.

930 So.2d 192 (2006)

Kermit ORTOLANO v. BDI MARKETING, Body Dynamics, Inc. and ABC Insurance Company.

Court of Appeal of Louisiana, Fifth Circuit.

April 25, 2006.

Attorney(s) appearing for the Case

Jonathan B. Andry, The Andry Law Firm, Attorney at Law, New Orleans, LA, for Plaintiff/Appellant.

Gordon P. Serou, Jr., Sutterfield & Webb, Attorney at Law, New Orleans, LA, for Defendant/Appellee.

Sidney W. Degan, III, Suzanne M. Ganucheau, Travis L. Bourgeois, Degan, Blanchard & Nash, Attorneys at Law, New Orleans, LA, for Defendant/Appellee.

Panel composed of Judges THOMAS F. DALEY, SUSAN M. CHEHARDY and CLARENCE E. McMANUS.

McMANUS, Judge.

STATEMENT OF THE CASE

On August 20, 2002, plaintiff, Kermit Ortolano, filed a Petition for Damages against BDI Marketing, Body Dynamics, Inc. and ABC Insurance, as the insurer for BDI and Body Dynamics. Ortolano alleged that on August 20, 2001, he awoke with chest pains and was taken to the hospital and diagnosed as having a heart attack. He was eighteen years old at the time and in excellent...

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