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PONSETI v. TOURO INFIRMARY

No. 2018-CA-0109.

259 So.3d 1097 (2018)

Donald PONSETI, Individually and as Administrator and Succession Representative of the Succession of Marvin Ponseti and Theodore Ponseti, et al. v. TOURO INFIRMARY, GHI Insurance Company, Nurse Jane Doe, Doctor John Doe and XYZ Insurance Company.

Court of Appeal of Louisiana, Fourth Circuit.

December 5, 2018.

Attorney(s) appearing for the Case

Michael C. Ginart, Jr. , Joyce D. Young , Nicholas N.S. Cusimano , LAW OFFICES OF MICHAEL C. GINART, JR. & ASSOCIATES, 2114 Paris Road, Chalmette, LA 70043, COUNSEL FOR PLAINTIFF/APPELLEE.

Franklin D. Beahm , Christopher G. Otten , BEAHM & GREEN, LLC, 145 Robert E. Lee Boulevard, Suite 408, New Orleans, LA 70124-2552, COUNSEL FOR DEFENDANT/APPELLANT.

(Court composed of Judge Roland L. Belsome, Judge Joy Cossich Lobrano, Judge Regina Bartholomew-Woods).

In this survival action, the Defendants, Touro Infirmary (Touro) and Healthcare Casualty Insurance, appeal the trial court's judgment in favor of the Plaintiff, Donald Ponseti. For the following reasons, we affirm.

FACTS AND PROCEDURAL HISTORY

On Saturday, August 27, 2005, Mr. Marvin...

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