Legal Opinion

Flemings v. State

Louisiana Court of Appeal

Decided August 26, 2009No. 2007-CA-1290PublishedCited by 7 opinions

1Opinion of the Court

PAUL A. BONIN, Judge.

1jWhile a patient at the Medical Center of Louisiana at New Orleans (MCLNO), Tyrone Flemings was injured by the fault of his nurses, whose liability was stipulated. Following a trial by jury, the court entered a judgment in favor of Mr. Flem-ings for $530,000.00. MCLNO has filed a suspensive appeal from the judgment and Mr. Flemings has timely answered the appeal, seeking damages for a frivolous appeal. For the reasons which follow, we affirm the trial court’s judgment and deny damages for frivolous appeal.

I

Mr. Flemings instituted medical review panel proceedings against…

2Cases cited28 opinions

  1. Rosell v. EscoSupreme Court of Louisiana · 1989
  2. Youn v. Maritime Overseas Corp.Supreme Court of Louisiana · 1993
  3. Hall v. Brookshire Bros., Ltd.Supreme Court of Louisiana · 2003
  4. Unverzagt v. Young Builders, Inc.Supreme Court of Louisiana · 1968
  5. Reeves v. Louisiana and Arkansas Railway Co.Louisiana Court of Appeal · 1974

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3Cited by7 opinions

  1. Moody v. CummingsLouisiana Court of Appeal · 2010
  2. Duncan v. BartholomewLouisiana Court of Appeal · 2012
  3. Show & Tell of New Orleans, L.L.C. v. Fellowship Missionary Baptist ChurchLouisiana Court of Appeal · 2014
  4. Thomas v. BoydLouisiana Court of Appeal · 2017
  5. Hall v. NixLouisiana Court of Appeal · 2011

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