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GUARDIA v. LAKEVIEW REGIONAL MEDICAL CENTER

No. 2008 CA 1369.

13 So.3d 625 (2009)

Eugene G. GUARDIA v. LAKEVIEW REGIONAL MEDICAL CENTER and Nursing Staff of Lakeview Regional Medical Center.

Court of Appeal of Louisiana, First Circuit.

Rehearing Denied June 30, 2009.

Attorney(s) appearing for the Case

Rykert O. Toledano, Jr., Brian G. Meissner, Carter B. Wright, Ernest N. Souhlas, Covington, Louisiana, for Plaintiff/Appellant, Eugene G. Guardia.

Aldric C. Poirier, Jr., James W. Vitrano, Mandeville, Louisiana, for Defendant/Appellee, Lakeview Regional Medical Center, L.L.C.

Before WHIPPLE, GAIDRY, PARRO, McCLENDON, and WELCH, JJ.

McCLENDON, J.

The plaintiff, Eugene G. Guardia, appeals the judgment in favor of the defendant, Lakeview Medical Center, L.L.C, d/b/a Lakeview Regional Medical Center (Lakeview), granting Lakeview's motion for summary judgment. For the following reasons, we reverse and remand.

FACTS AND PROCEDURAL HISTORY

On March 17, 2003, Mr. Guardia was admitted to Lakeview for right and left knee arthroplasty, due to bilateral degenerative joint disease. Following...

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