From Casetext: Smarter Legal Research

Moody v. United Nat'l Insurance Co.

Supreme Court of Louisiana
Oct 11, 1996
680 So. 2d 660 (La. 1996)

Opinion

No. 96-CC-1703

October 11, 1996

IN RE: Louisiana Patient's Comp. Fund; Andrews, Dr. Lucius Clay; Louisiana Patient's Comp.Fd.OS; — Defendant(s); Applying for Writ of Certiorari and/or Review, Supervisory and/or Remedial Writs; to the Court of Appeal, Fifth Circuit, Number 96-CW-0427; Parish of Jefferson Twenty-Fourth Judicial District Div. "P" Number 453-622


Granted. La.R.S. 40:1299.44(C) contemplates a settlement between the patient and the health care provider. Since plaintiff has refused to accept the tendered $100,000, no settlement has taken place. See Ewing v. Aubert, 566 So.2d 616 (La. 1990). Accordingly, the judgment of the court of appeal is vacated and set aside, and the judgment of the trial court denying the motion in limine is reinstated.

PFC

WFM

BJJ

JPV

EJB

WATSON, J. dissents.

LEMMON, J. not on panel.

KIMBALL, J. would grant and docket.


Summaries of

Moody v. United Nat'l Insurance Co.

Supreme Court of Louisiana
Oct 11, 1996
680 So. 2d 660 (La. 1996)
Case details for

Moody v. United Nat'l Insurance Co.

Case Details

Full title:JEANETTE MOODY AND MAX MOODY, INDIVIDUALLY AND ON BEHALF OF JEFFREY MOODY…

Court:Supreme Court of Louisiana

Date published: Oct 11, 1996

Citations

680 So. 2d 660 (La. 1996)