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McCLENDON v. WILLIAMS

No. 47,577-CW.

110 So.3d 216 (2013)

Shelly McCLENDON and Johnny McClendon, Plaintiffs-Respondents v. Adrienne WILLIAMS, M.D., P & S Surgery Center, L.L.C., and Rosemary B. Stage, M.D., Defendants-Applicants.

Court of Appeal of Louisiana, Second Circuit.

February 27, 2013.

Attorney(s) appearing for the Case

Hayes, Harkey, Smith & Cascio, Monroe, LA, by Bruce M. Mintz , Laura S. Achord , for Defendant-Applicant P & S Surgery Center, L.L.C.

Law Office of J. Christopher Erny, Houma, LA, by J. Christopher Erny , for Plaintiffs-Respondents Shelly McClendon and Johnny McClendon.

Hudson, Potts & Bernstein, Monroe, LA, by Gordon L. James , for Defendant-Respondent Rosemary B. Stage, M.D.

Before WILLIAMS, STEWART and MOORE, JJ.

STEWART, J.

P & S Surgery Center, L.L.C. ("P & S"), a defendant in this medical malpractice action, sought supervisory review of the trial court's denial of a motion for summary judgment. We granted the writ and ordered the matter briefed and docketed. Because the plaintiffs will be unable to meet the burden of proving causation, an essential element of their claim, we find that summary judgment dismissing the plaintiffs' claims as to P & S is appropriate...

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