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McCARTER v. LAWTON

No. 2009-CA-1508.

44 So.3d 342 (2010)

Mr. and Mrs. Richard T. McCARTER v. Dr. Andrew William LAWTON.

Court of Appeal of Louisiana, Fourth Circuit.

July 21, 2010.

Attorney(s) appearing for the Case

Thomas A. Gennusa II , Joseph S. Piacun , Gennusa Piacun & Ruli, Metairie, LA, Keith P. Richards , Baton Rouge, LA, for Plaintiffs/Appellants.

Stewart E. Niles, Jr. , Michelle A. Bourque , Niles Bourque & Fontana, L.L.C., New Orleans, LA, for Defendant/Appellee.

(Court composed of Judge TERRI F. LOVE, Judge DAVID S. GORBATY, Judge PAUL A. BONIN).

PAUL A. BONIN, Judge.

Richard McCarter, who lost the sight in one eye, sued his ophthalmologist, Dr. Andrew Lawton, for malpractice.1 The jury specially found that Mr. McCarter did not prove the standard of care owed by a specialist such as Dr. Lawton. Based on that finding, the trial judge rendered judgment dismissing with prejudice Mr. McCarter's lawsuit. Mr. McCarter devolutively appeals the dismissal. Because we conclude that the jury...

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