ZOULEK v. PIP AMERICA

No. 2008-CA-0550.

2 So.3d 511 (2008)

Dee A. Zoulek and her spouse Michael R. ZOULEK v. PIP AMERICA.

Court of Appeal of Louisiana, Fourth Circuit.

December 10, 2008.


Attorney(s) appearing for the Case

David S. Scalia, Bruno & Bruno, New Orleans, LA, for Plaintiffs/Appellants.

C. William Bradley, Jr., Natalie J. Parria, Lemle & Kelleher, L.L.P., New Orleans, LA, for Randall P. Weyrich, M.D.

Court composed of Judge CHARLES R. JONES, Judge PATRICIA RIVET MURRAY, Judge JAMES F. McKAY, III.


PATRICIA RIVET MURRAY, Judge.

Plaintiffs, Dee and Michael Zoulek, appeal the trial court's judgment maintaining the exception of peremption filed by defendant, Dr. Randall Weyrich, and dismissing their action. For the reasons that follow, we reverse and remand.

FACTS AND PROCEEDINGS BELOW

On July 25, 2000, Dr. Weyrich performed a breast augmentation procedure upon Dee Zoulek. PIP America ["PIP"] manufactured the saline-filled implants that Dr. Weyrich...

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