Opinion
No. 2009 CA 1915.
October 14, 2010.
ON APPEAL FROM THE 22nd JUDICIAL DISTRICT COURT, PARISH OF ST. TAMMANY, STATE OF LOUISIANA, NUMBER: 2008-13138; DIVISION: E, THE HONORABLE WILLIAM J. BURRIS, JUDGE PRESIDING.
Sharry I. Sandler, New Orleans, Louisiana, Betty Casborn, Wife of/and Adam Casborn, Counsel for Plaintiff/Appellant.
Nicholas Gachassin, Jr., Brandon K. Stelly, Lafayette, Louisiana, William J. Curran M.D., Counsel for Defendant/Appellee.
Plaintiffs Betty and Adam Casborn (hereinafter, Casborn) appeal a judgment rendered in the trial court sustaining an exception of prescription filed by defendant, William Curran, M.D., a physician at NorthShore Regional Medical Center. The issue in this medical malpractice case is whether plaintiffs' petition was prescribed on its face when it claimed that suit was filed within one year from plaintiffs' date of discovery, but more than one year after the alleged negligent act. The issues raised in this appeal arise from the same facts and are identical to those raised in the companion appeal, Casborn v. NorthShore Regional Medical Center, docket number 2009 CA 1914, also decided this day.
DECREE
For the reasons set forth in Casborn v. NorthShore Regional Medical Center, docket number 2009 CA 1914, also decided this day, we affirm the judgment of the trial court rendered in favor of Dr. William Curran. The costs of this appeal are assessed to plaintiffs/appellants Betty and Adam Casborn.