MILLER v. CRESCENT CITY HEALTH CARE CENTER

No. 2011-CA-0403.

78 So.3d 219 (2011)

John MILLER v. CRESCENT CITY HEALTH CARE CENTER.

Court of Appeal of Louisiana, Fourth Circuit.

November 9, 2011.


Attorney(s) appearing for the Case

Ivan A. Orihuela , Riguer Silva, LLC, Kenner, LA, for Plaintiff/Appellant.

J. Roslyn L. Emmon , Leah A. Taschek , Cowan & Lemmon, L.L.P., Hahnville, LA, for Defendant/Appellee.

(Court composed of Chief Judge JOAN BERNARD ARMSTRONG, Judge PATRICIA RIVET MURRAY, Judge MICHAEL E. KIRBY).


MICHAEL E. KIRBY, Judge.

Plaintiff, John Miller, appeals the trial court judgments granting summary judgment in favor of defendant, Crescent City Health Care Center, and denying plaintiffs motion for new trial and/or to annul judgment. For reasons that follow, we vacate the summary judgment granted in favor of defendant, and remand this matter to the trial court for further proceedings.

This medical malpractice lawsuit began when plaintiff filed a petition...

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