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BERTRAND v. KUDLA

Nos. 14-61, 14-62.

139 So.3d 1233 (2014)

Talesha BERTRAND, et ux. v. Michael KUDLA, M.D., et al.

Court of Appeal of Louisiana, Third Circuit.

June 4, 2014.

Attorney(s) appearing for the Case

Benjamin P. Mouton , McGlynn, Glisson & Mouton, Baton Rouge, Louisiana, for Plaintiffs/Appellants James Bertrand, Talesha Bertrand.

William C. Rowe, Jr. , David C. Bolton , Rowe Law Firm, Baton Rouge, Louisiana, for Intervenors/Appellees Louisiana Patient's Compensation Fund, Louisiana Patient's Compensation Fund Oversight Board, through the nominal defendant, Dr. Michael Kudla.

James R. Shelton , Durio, McGoffin, Stagg & Ackermann, Lafayette, Louisiana, for Defendants/Appellees Louisiana Medical Mutual Insurance Company, Michael Kudla, M.D.

J. Gregory Bergstedt , Elizabeth F. Shea , Fraser, Wheeler & Bergstedt, Lake Charles, Louisiana, for Defendants/Appellees Preferred Professional Insurance Company, Robert Rumsey, M.D.

Court composed of SYLVIA R. COOKS, J. DAVID PAINTER, and PHYLLIS M. KEATY, Judges.

KEATY, Judge.

Plaintiffs, Talesha and James Bertrand, appeal from a judgment notwithstanding the verdict (JNOV) denying Plaintiffs' request for an additional award of special damages to Talesha for her loss of income and for an increase of the general damage award. For the following reasons, we reverse in part and render.

FACTS AND PROCEDURAL HISTORY

Talesha delivered her third baby on December 13, 2004. She subsequently underwent a tubal ligation...

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