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MILLER v. LAMMICO

No. 2007-C-1352.

973 So.2d 693 (2008)

Nora MILLER, et vir v. LAMMICO, et al.

Supreme Court of Louisiana.

January 16, 2008.

Attorney(s) appearing for the Case

Perret Doise, Nadia Marie de la Houssaye, Lafayette; The Nickel Law Firm, Milo Addison Nickel, Jr., Shreveport, for applicant.

Bergstedt Law Firm, John Gregory Bergstedt, Lake Charles; The Townsley Law Firm, Todd A. Townsley, Lake Charles; Raggio, Cappel, Chozen & Berniard, Richard B. Cappel, Lake Charles; Edmond Mazyck Thomas, for respondent.

KIMBALL, J.

We granted certiorari in this matter to consider whether this Court's decision in Hall v. Brookshire Brothers, Ltd., 02-2404 (La.6/27/03), 848 So.2d 559, which held that the percentages of comparative fault are allocated prior to imposing the Medical Malpractice Act damage cap set forth in La. R.S. 40:1299.42(B)(1), is limited to those circumstances in which the plaintiff...

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