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ESTATE OF LOVELESS EX REL LOVELESS v. GAY

No. 41,575-CA.

945 So.2d 233 (2006)

ESTATE OF Margaret LOVELESS, Deceased, Thru the Administrator, Tim LOVELESS, et al., Plaintiffs-Appellants v. Jesse Hunter GAY and HCA Health Services of Louisiana dba North Monroe Medical Center, Defendants-Appellees.

Court of Appeal of Louisiana, Second Circuit.

December 13, 2006.

Attorney(s) appearing for the Case

Hayes, Harkey, Smith & Cascio, L.L.P. by C. Joseph Roberts, III, Monroe, for Plaintiffs-Appellants.

John B. Hoychick, Rayville, for Defendant-Appellee, Jesse Hunter Gay.

Ungarino & Eckert L.L.C. by Brian D. Smith, Christopher B. Joffrion, Shreveport, J. Michael Nash, for Defendant-Appellee, HCA Health Services of Louisiana, Inc. dba North Monroe Medical Center.

Before STEWART, GASKINS and LOLLEY, JJ.

GASKINS, J.

The plaintiffs, the heirs and the estate of Margaret Loveless, appeal a grant of summary judgment in favor of the defendant, North Monroe Medical Center (NMMC). For the reasons set forth below, we affirm.

FACTS

In October 2004, Mrs. Loveless was a patient at NMMC undergoing rehabilitation following hip replacement surgery. On the evening of October 16, 2004, a 1969 Ford pickup truck operated by Jesse Hunter Gay left a curved portion of...

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