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.