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KIEFFER v. PLUNKETT-KUSPA

No. 13-CA-499.

138 So.3d 682 (2014)

Jeana O. KIEFFER & Louis Kieffer v. Jo PLUNKETT-KUSPA, M.D., a/k/a Jo Ellen Plunkett-Kasparek, Alton Ochsner Medical Foundation Hospital, and Ochsner Clinic, L.L.C.

Court of Appeal of Louisiana, Fifth Circuit.

March 26, 2014.

Attorney(s) appearing for the Case

Leonard L. Levenson , Christian W. Helmke , Donna R. Barrios , Attorneys at Law, New Orleans, Louisiana, for Appellant, Jeana O. Kieffer & Louis Keiffer.

Justin J. Boron , Don S. McKinney , Attorneys at Law, New Orleans, Louisiana, for Appellee, Jo Ellen Plunkett, M.D. and Ochsner Clinic Foundation.

Panel composed of Judges SUSAN M. CHEHARDY, JUDE G. GRAVOIS, ROBERT A. CHAISSON, STEPHEN J. WINDHORST, and HANS J. LILJEBERG.

SUSAN M. CHEHARDY, Chief Judge.

Plaintiffs appeal the trial court's grant of defendants' motion for summary judgment and dismissal of their medical malpractice claims with prejudice. For the following reasons, we reverse that ruling and remand for further proceedings.

Facts and Procedural History

On April 27, 1998, Jeana Kieffer presented to Ochsner Clinic in Metairie with complaints of "headache...

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