FLEMINGS v. STATE

No. 2007-CA-1290.

19 So.3d 1220 (2009)

Tyrone FLEMINGS v. STATE of Louisiana, LSU Health Sciences Center, Health Care Services Division—And Medical Center of Louisiana at New Orleans—Charity Campus.

Court of Appeal of Louisiana, Fourth Circuit.

August 26, 2009.


Attorney(s) appearing for the Case

Dean J. Favret, Anthony J. Russo, Angela C. Imbornone, Favret, Demarest, Russo & Lutkewitte New Orleans, LA, for Tyrone Flemings.

Dennis J. Phayer, Meredith M. Miceli, Burglass & Tankersley, L.L.C. Metairie, LA, for State of Louisiana.

(Court composed of Judge MAX N. TOBIAS, JR., Judge DAVID S. GORBATY, Judge PAUL A. BONIN).


PAUL A. BONIN, Judge.

While a patient at the Medical Center of Louisiana at New Orleans (MCLNO), Tyrone Flemings was injured by the fault of his nurses, whose liability was stipulated. Following a trial by jury, the court entered a judgment in favor of Mr. Flemings for $530,000.00. MCLNO has filed a suspensive appeal from the judgment and Mr. Flemings has timely answered the appeal, seeking damages for a frivolous appeal. For the reasons which follow, we affirm the...

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