YEN v. AVOYELLES PARISH POLICE JURY

No. 2007-0225.

5 So.3d 1002 (2009)

May YEN, et al. v. AVOYELLES PARISH POLICE JURY, et al.

Court of Appeal of Louisiana, Third Circuit.

Rehearing Denied April 15, 2009.


Attorney(s) appearing for the Case

Richard J. Guidry, Jeffrey A. Mitchell, The Cochran Firm New Orleans, New Orleans, LA, for Plaintiff/Respondents, May Yen, Lenard Moten, Lentrell Moten, Chantell Moten, Elijah Yen, Lainee Yen.

James D. "Buddy" Caldwell, Attorney General, Baton Rouge, LA for Defendant/Applicant, State of Louisiana, through LSU Medical Ctr. Health Care Serv. Div.

Robert L. Bussey, Mary Lauve Doggett, Bussey & Lauve, Alexandria, La, for Defendant/Applicant, State of Louisiana, through LSU Medical Ctr. Health Care Serv. Div., Huey P. Long Medical Center, State of Louisiana, through LSU Medical Ctr. Health Care Serv. Div.

John Albert Ellis, Louisiana Dept. of Justice, Alexandria, LA, for Defendant/Respondent, State of Louisiana, Dept. of Public Safety & Corrections Avoyelles Correctional Center.

Court composed of MICHAEL G. SULLIVAN, JAMES T. GENOVESE, and SHANNON J. GREMILLION, Judges.


GREMILLION, Judge.

This medical malpractice action comes before the court on remand from the Louisiana Supreme Court from this court's previous ruling. See Yen v. Avoyelles Parish Police Jury, 07-225 (La.App. 3 Cir. 12/5/07), 971 So.2d 536. In our original ruling, we granted writ and made it peremptory, holding that the trial court erred in denying the peremptory exception of prescription filed by the State of Louisiana,...

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