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OLIVER v. MAGNOLIA CLINIC

No. 09-439.

51 So.3d 874 (2010)

Joe OLIVER, et al. v. MAGNOLIA CLINIC, et al.

Court of Appeal of Louisiana, Third Circuit.

November 17, 2010.

Attorney(s) appearing for the Case

Todd A. Townsley , Marcus P. LaCombe , The Townsley Law Firm, Lake Charles, LA, for Plaintiffs/Appellants Joe and Helena Oliver.

Richard B. Cappel , Raggio, Cappel, et al., Lake Charles, LA, for Defendants/Appellees Magnolia Clinic and Susan Duhon.

John Elliott Baker , Covington, LA, for Intervenor/Appellee State of Louisiana.

Nadia Marie de la Houissaye , Longman Russo, Lafayette, LA, for Intervenor/Appellant Louisiana Patients Compensation Fund.

Guice Anthony Giambrone, III , Kelly A. Dugas , Metairie, LA, Amicus Curiae Louisiana Association of Nurse Practitioners.

Court composed of ULYSSES GENE THIBODEAUX, Chief Judge, SYLVIA R. COOKS, JOHN D. SAUNDERS, J. DAVID PAINTER, and SHANNON J. GREMILLION, Judges.

COOKS, Judge.

Joe and Helena Oliver (Plaintiffs), individually and on behalf of their minor child, Taylor Oliver, appeal the trial court's judgment applying the Louisiana Medical Malpractice Act's cap, reducing a six million, two hundred and thirty-three thousand dollar ($6,233,000) jury general damage award in their favor to five hundred thousand dollars ($500,000) and denying their petition seeking to have the Medical Malpractice...

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