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GIBSON v. HERMAN, HERMAN, KATZ & COTLAR

No. 2004-CA-2204.

927 So.2d 1178 (2006)

Huey P. GIBSON, Sr., Donald G. Gibson, Sr., Billy Ray Wimberly, Harold Gibson, Barry L. Gibson, Sr., Lana Sue Flintroy-Gibson, Jackie Gibson, Vernesia M. Gilbert, Donna Williams, James Henry Wimberly, Sr. and Charles E. Gibson, Sr. v. HERMAN, HERMAN, KATZ & COTLAR, L.L.P., James C. Klick, Esq., Joseph A. Kott, M.D./Esq., Bird & Mabrey, P.C. Formerly Known as William Q. Bird & Associates, P.C. and John G. Mabrey Esq.

Court of Appeal of Louisiana, Fourth Circuit.

February 15, 2006.

Attorney(s) appearing for the Case

Robert H. Matthews, Pauline M. Warriner, New Orleans, Counsel for Plaintiffs/Appellants.

Marshall M. Redmon, J. Alan Harrell, H. Alston Johnson, III, Phelps Dunbar LLP, Baton Rouge, Marian T. Harrison, Phelps Dunbar LLP, New Orleans, Counsel for Herman, Herman, Katz & Cotlar, L.L.P., James C. Klick and Joseph A. Kott, M.D.

B. Franklin Martin, III, Edward L. Fenasci, McGlinchey Stafford, PLLC, New Orleans, Counsel for Bird & Mabrey, P.C. Formerly Known as William Q. Bird & Associates, P.C. and John G. Mabrey, Esq.

(Court composed of Judge TERRI F. LOVE, Judge MAX N. TOBIAS Jr., Judge LEON A. CANNIZZARO Jr.)

TERRI F. LOVE, Judge.

This appeal arises from defendants' representation of Huey P. Gibson, et al., in a medical malpractice claim for the wrongful death of their wife/mother Versie Mae Gibson. Plaintiffs assert that defendants committed legal malpractice in advising them to accept an alleged inadequate settlement.

STATEMENT OF THE CASE AND PROCEDURAL HISTORY

On December 2, 1998, Mrs. Versie Mae Gibson ("Mrs. Gibson") underwent cardiac...

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