HAMILTON v. WINDER

No. 2004 CA 2644.

924 So.2d 267 (2006)

Jason William HAMILTON and Catherine Hamilton v. Carey E. WINDER, M.D. and the Orthopedic Clinic, Inc. (A Professional Medical Corporation).

Court of Appeal of Louisiana, First Circuit.

Rehearing Denied March 30, 2006.


Attorney(s) appearing for the Case

Pamela L. Ashman, Donna U. Grodner, Charlotte C. McDaniel, Baton Rouge, Counsel for Plaintiffs/Appellants Jason William Hamilton and Catherine Hamilton.

Herbert J. Mang, Jr., Tara S. Bourgeois, Baton Rouge, Counsel for Defendants/Appellees Carey E. Winder, M.D. and Baton Rouge Orthopedic Clinic, Inc.

Before: WHIPPLE, McCLENDON, and WELCH, JJ.


McCLENDON, J.

In this medical malpractice suit, plaintiffs appeal a jury verdict in favor of the defendants. For the reasons that follow, we vacate the judgment and remand for further proceedings.

FACTS AND PROCEDURAL HISTORY

On February 12, 2000, while playing with the Baton Rouge Kingfish hockey team in Lafayette, the plaintiff, Jason Hamilton, suffered an elbow laceration. The cut required three stitches and was sutured at the hockey game by the...

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