SMITH v. ST. PAUL FIRE AND MARINE INS. CO.

No. 07-285.

966 So.2d 1205 (2007)

Nelda SMITH, et al. v. ST. PAUL FIRE AND MARINE INSURANCE CO., et al.

Court of Appeal of Louisiana, Third Circuit.

October 3, 2007.


Attorney(s) appearing for the Case

Todd A. Townsley, The Townsley Law Firm, Lake Charles, LA, Edmund M. Thomas, Shreveport, LA, for Plaintiffs/Appellants, Nelda Smith, et al.

James R. Shelton, Ryan M. Goudelocke, Durio, McGoffin, Stagg & Ackermann, Lafayette, LA, for Defendants/Appellees, St. Paul Fire & Marine Insurance Company and Dr. Brian Gamborg.

Court composed of JOHN D. SAUNDERS, ELIZABETH A. PICKETT, and JAMES T. GENOVESE, Judges.


GENOVESE, Judge.

Plaintiffs, Nelda Smith, Cathy Breaux, Wilburn G. Smith, and Gordon Smith, appeal an adverse verdict following a jury trial on their medical malpractice claim against Defendant, Dr. Brian Gamborg (Dr. Gamborg). Plaintiffs also appeal the trial judge's refusal to give a certain jury instruction. For the following reasons, we affirm.

STATEMENT OF THE CASE

On January 7, 1999, Dr. Gamborg, a family practitioner, treated Mr. Wilburn Smith...

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