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McGREGOR v. HOSPICE CARE IN BATON ROUGE

Nos. 2009 CA 1357, 2009 CA 1358.

36 So.3d 272 (2010)

Robert Thomas McGREGOR, Son of Donald H. McGregor, and Ruth McGregor, individually and on behalf of her deceased husband, Donald H. McGregor v. HOSPICE CARE OF LOUISIANA IN BATON ROUGE, L.L.C. d/b/a Hospice of Baton Rouge; Hospice Care of Louisiana, Inc.; The Hospice Foundation of Greater Baton Rouge d/b/a Hospice of Baton Rouge; Kathryn Grigsby; Cynthia Logan; Melanie Hyatt; and Katherine Braud Robert Thomas McGregor, individually, and Ruth McGregor, individually and on behalf of the succession of Donald H. McGregor v. Dr. Gerald Miletello and Dr. Georgia A. Reine.

Court of Appeal of Louisiana, First Circuit.

Opinion Granting Rehearing for Purpose of Clarification March 11, 2010.

Writ Denied May 28, 2010.

Attorney(s) appearing for the Case

Roy A. Raspanti Metairie, LA, and John Massicot, New Orleans, LA, for Plaintiffs/Appellants, Robert T. McGregor and Ruth McGregor, individually and on behalf and of her deceased husband, Donald H. McGregor.

Myron A. Walker, Baton Rouge, LA, for Defendants/Appellees, Hospice Foundation of Greater Baton Rouge, Inc. d/b/a Hospice of Baton Rouge, Melanie Hyatt, Katherine E. Braud, and Kathryn Grigsby.

Deborah J. Juneau, Linda C. Rodrigue, Vance A. Gibbs, Baton Rouge, LA, for Defendants/Appellees, Dr. Gerald Miletello, Dr. Georgia Reine, and LAMMICO.

Before CARTER, C.J., GUIDRY, and PETTIGREW, JJ.

GUIDRY, J.

In this medical malpractice action, plaintiffs, Robert McGregor and Ruth McGregor, appeal from a judgment of the trial court granting summary judgment in favor of Hospice Foundation of Greater Baton Rouge, Inc. d/b/a Hospice of Baton Rouge (Hospice), Kathryn Grigsby, Katherine Braud, and Melanie Hyatt. For the reasons that follow, we reverse and remand.

FACTS AND PROCEDURAL HISTORY

Donald McGregor, father and husband of the plaintiffs...

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