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HEBERT v. PLAQUEMINE CARING, L.L.C.

No. 2007 CA 2243.

43 So.3d 239 (2010)

Lena HEBERT, Spouse of Morgan Cephas Hebert, Sr. (Deceased), Diane H. Melvin and Morgan Hebert, Jr. v. PLAQUEMINE CARING, L.L.C.

Court of Appeal of Louisiana, First Circuit.

Rehearing Denied July 22, 2010.

Attorney(s) appearing for the Case

Daniel E. Broussard, Jr. , Alexandria, Louisiana, for Plaintiffs/Appellants, Lena Hebert, Diane H. Melvin, and Morgan Hebert, Jr.

Deborah A. Van Meter , Lorraine P. McInnis , Margaret Diamond, New Orleans, Louisiana, for Defendants/Appellees, Plaquemine Caring, L.L.C.

Before PETTIGREW, GAIDRY, McDONALD, McCLENDON, and WELCH, JJ.

McDONALD, J.

This is an appeal of a judgment granting an involuntary dismissal of plaintiffs' claims of lost chance of survival against defendant. After a thorough review, we reverse and remand.

FACTS AND PROCEDURAL HISTORY

In July of 2001, Morgan Hebert suffered a fractured hip as a result of a fall in his home. He was admitted to American Legion Hospital in Crowley. Prior to surgery to correct the fracture, Mr. Hebert suffered cardiopulmonary arrest...

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