FRUGE v. FORET

No. 13-1071.

134 So.3d 152 (2014)

Matthew FRUGE v. Dr. Lynn FORET.

Court of Appeal of Louisiana, Third Circuit.

March 5, 2014.


Attorney(s) appearing for the Case

J. Gregory Bergstedt , Elizabeth F. Shea Fraser , Wheeler & Bergstedt, Lake Charles, LA, for Defendant-Appellant, Dr. Lynn Foret.

John L. Hammons , Cornell R. Flournoy , Nelson & Hammons, Shreveport, LA, for Plaintiff-Appellee, Matthew Fruge.

Court composed of J. DAVID PAINTER, PHYLLIS M. KEATY, JOHN E. CONERY, Judges.


PAINTER, Judge.

This appeal presents the limited issue of whether a pre-trial settlement with the Patients' Compensation Fund (the Fund) should be applied as a credit to the damages awarded at trial against a non-settling healthcare provider. In this case, the trial court rendered judgment in favor of the plaintiff in excess of the statutory limit, then reduced the amount to the cap as provided by law and cast the defendant healthcare provider in judgment for the...

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