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THIBODEAUX v. DONNELL

No. 2007 CA 1845.

994 So.2d 612 (2008)

Kimberly and Todd THIBODEAUX, Individually and on Behalf of their Minor Child, Gabrielle Thibodeaux v. James DONNELL, M.D.

Court of Appeal of Louisiana, First Circuit.

September 12, 2008.

Attorney(s) appearing for the Case

Ralph E. Kraft, F. Douglas Gatz, Jr. Bryan E. Lege, Kraft Gatz Lane Benjamin LLC, Lafayette, LA, and Paul M. Sterbcow, New Orleans, LA, for Plaintiffs-Appellants Kimberly and Todd Thibodeaux, individually and on behalf of their minor child, Gabrielle Thibodeaux.

Carl T. Conrad, Blue Williams, L.L.P., Mandeville, LA, and Norval J. Rhodes, Houma, LA, for Defendant-Appellee James Donnell, M.D.

Before CARTER, C.J., PARRO, KUHN, DOWNING, and WELCH, JJ.

PARRO, J.

Plaintiffs appeal a trial court judgment sustaining the defendant's peremptory exception raising the objection of prescription and dismissing their medical malpractice claims. We reverse and remand.

FACTUAL AND PROCEDURAL BACKGROUND

On October 26, 2006, Kimberly and Todd Thibodeaux, individually and on behalf of their minor child, Gabrielle Thibodeaux, filed suit for medical malpractice...

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