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SAMAHA v. RAU

No. 2007-C-1726.

977 So.2d 880 (2008)

Darryl SAMAHA, Husband of/and Karman Samaha v. David J. RAU, M.D.

Supreme Court of Louisiana.

February 26, 2008.

Attorney(s) appearing for the Case

Blue Williams, Carl Theodore Conrad, Mandeville, for applicant.

Wiedemann & Wiedemann, Karen Wiedemann, for respondent.

Aldric C. Poirier, Jr. and James Vitrano, Mandeville, for amicus curiae, Lakeview Medical Center, L.L.C, d/b/a Lakeview Medical Center and Health Care Indemnity, Inc.

Jerald Lee Perlman, Baton Rouge, Elizabeth Brooks Hollins, Lake Charles, Hon James D. Caldwell, and Jude David Bourque, Baton Rouge, for amicus curiae, State of Louisiana, Division of Risk Management.

TRAYLOR, Justice.

We granted a writ application in this medical malpractice matter to determine whether the court of appeal erred in reversing the district court's ruling granting summary judgment in favor of the defendant doctor. For the reasons that follow, we reverse the judgment of the court of appeal and reinstate the district court's judgment, granting the defendant's motion for summary judgment and dismissing the plaintiffs' claims.

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