Legal Opinion

Duffy v. Pendleton Memorial Methodist Hospital

Louisiana Court of Appeal

Decided December 8, 2010No. 2010-CA-0660PublishedCited by 3 opinions

1Opinion of the Court

PATRICIA RIVET MURRAY, Judge.

| plaintiffs, Licia and Terry Duffy, appeal the trial court’s judgment dismissing their claims against one defendant, Pendle-ton Memorial Hospital [“PMH”], as a sanction for the plaintiffs’ failure to comply with court-ordered discovery. For the reasons that follow, we reverse.

FACTS AND PROCEEDINGS BELOW

The plaintiffs allege that Licia Duffy appeared at PMH on February 28, 1996, for the implantation of a venous access device, also known as a Life Port, at the recommendation of her oncologist, Dr. Leonard C. Thomas. Although Strato Medical Corporation [“Strato”]…

2Cases cited7 opinions

  1. Horton v. McCarySupreme Court of Louisiana · 1994
  2. Hutchinson v. Westport Ins. Corp.Supreme Court of Louisiana · 2004
  3. Raspanti v. LitchfieldLouisiana Court of Appeal · 2006
  4. MEDICAL REV. PANEL PROC. v. Touro InfirmaryLouisiana Court of Appeal · 2005
  5. Magri v. Westinghouse Elec., Inc.Louisiana Court of Appeal · 1991

2 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Chris Carr, Jr. v. Geico Casualty Company and Shana FairchildLouisiana Court of Appeal · 2019
  2. Duffy v. Pendleton Memorial Methodist HospitalLouisiana Court of Appeal · 2010
  3. In Re: Medical Review Panel Re: Thomas Smith, Sr.Louisiana Court of Appeal · 2020

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