Summary
In Perkins, supra, the PCF asserted that the trial court's grant of summary judgment in favor of the surviving spouse was erroneous because of issues concerning causation.
Summary of this case from Jordan v. Willis-KnightonOpinion
No. 2001-C-0660
May 4, 2001.
IN RE; Louisiana Patient's Compensation Fund; — Defendant; Applying for Writ of Certiorari and/or Review, Parish of Calcasieu, 14th Judicial District Court Div. A, Nos. 96-5503; to the Court of Appeal, Third Circuit, No. 00 01036-CA
Writ granted. The judgments of the lower courts sustaining plaintiff's motion for summary judgment are vacated and set aside. There are genuine issues of material fact as to causation and damages in excess of $100,000.00 that must be resolved at trial. Case remanded to the trial court for further proceedings.
JPV
PFC
CDT
PCC
KIMBALL, J., would deny the writ.
JOHNSON, J., would deny the writ.
KNOLL, J., would deny the writ.