BERTRAND v. ST. PAUL FIRE/MARINE INS

Full title: ESTELLA BERTRAND, PLAINTIFFS-APPELLANTS, v. ST. PAUL FIRE AND MARINE INS…

Court: Court of Appeal of Louisiana, Third Circuit

Date published: Jul 24, 1986

491 So. 2d 474 (La. Ct. App. 1986)

Opinion

No. 85-732.

June 25, 1986. Rehearing Denied July 24, 1986.

APPEAL FROM 31ST J.D.C. COURT, PARISH OF JEFFERSON DAVIS, STATE OF LOUISIANA, HONORABLE WILLIAM N. KNIGHT, JUDGE.

Raleigh Newman, Lake Charles, Jones, Jones Alexander, J.B. Jones, Jr., Cameron, for plaintiffs-appellants.

Pugh Boudreaux, Charles J. Boudreaux, Sr. and Donlon Pugh, Lafayette, Plauche, Smith Nieset, James R. Nieset, Lake Charles, Watson, Blanche, etc., Ambrose K. Ramsey, III, Baton Rouge, for defendants-appellees.

Before STOKER and YELVERTON, JJ., and BERTRAND, J. Pro Tem.^_

_ Judge Lucien Bertrand of the Fifteenth Judicial District Court participated in this decision by appointment of the Louisiana Supreme Court as Judge Pro Tempore.

YELVERTON, Judge.

For the reasons given in Bertrand v. St. Paul Fire and Marine Ins. Co., 491 So.2d 474 (La.App. 3rd Cir. 1986), the judgment of the trial court dismissing the claims against Jennings-American Legion Hospital, Dr. Chris Schumacher, and St. Paul Fire Marine Insurance Company is reversed, and the case is remanded to the district court for further proceedings. The judgment dismissing Dr. Richard McGregor is affirmed. Jennings-American Legion Hospital, Dr. Chris Schumacker, and St. Paul Fire Marine Insurance Company will pay the costs of this appeal.

AFFIRMED IN PART; REVERSED IN PART; AND REMANDED.

STOKER, J., concurs for written reasons assigned in our docket No. 85-732.

[4] STOKER, Judge, concurring.

I concur in the holding and judgment of the majority in this case for the reasons assigned by me in the companion case bearing the same caption as this case but bearing our docket number 85-733. 491 So.2d 474.