LONGWELL v. JEFFERSON PAR. HOSP. SER. DIST.

Nos. 07-CA-259, 07-CA-260.

970 So.2d 1100 (2007)

Karen LONGWELL and her husband, Charles Longwell and adult daughter of Karen Longwell, Jennifer Rodriguez v. JEFFERSON PARISH HOSPITAL SERVICE DISTRICT NO. 1 d/b/a West Jefferson Medical Center, Dr. Robert C. Dawson, III and Culicchia Neurological Clinic, L.L.C. Karen Longwell and her husband, Charles Longwell and adult daughter of Karen Longwell, Jennifer Rodriguez v. Jefferson Parish Hospital Service District No. 1 d/b/a West Jefferson Medical Center, Dr. Robert C. Dawson, III and Louisiana Medical Mutual Insurance Company ("Lammico").

Court of Appeal of Louisiana, Fifth Circuit.

October 16, 2007.


Attorney(s) appearing for the Case

P. Chris Christofferson, P. Chris Christofferson, APLC, New Orleans, Louisiana, for Plaintiffs/Appellants.

Peter J. Butler, Peter J. Butler, L.L.C., Gretna, Louisiana, and Peter J. Butler, Jr., Michael C. Luquet, Ralph T. Rabalais, Lydia Habliston Toso, Breazeale, Sachse, & Wilson, L.L.P., New Orleans, Louisiana, for Defendant/Appellee.

Panel composed of Judges MARION F. EDWARDS, SUSAN M. CHEHARDY, and WALTER J. ROTHSCHILD.


MARION F. EDWARDS, Judge.

Plaintiffs/appellants appeal a trial court ruling which granted summary judgment in favor of defendant/appellee hospital on the issue of spoliation of evidence in the context of a medical malpractice claim. For the reasons that follow, the judgment of the trial court is affirmed in part, reversed in part, and remanded for further proceedings.

This case appears before us for the second time on appeal. Previously, the trial court granted...

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