Mrs. Sandra A. Billiot v. American Hospital Supply Corporation

TATE, Circuit Judge:

Pursuant to Fed.R.Civ.P. 54(b) certification, the plaintiff appeals from the dismissal as prescribed of her Louisiana diversity suit against a doctor. The district court held that the suit was time-barred by the prescriptive period applicable to medical malpractice suits. La.R.S. 9:5628 (1975). Subsequent to the district court’s decision, a Louisiana intermediate court reached an opposite conclusion based upon Louisiana statute and decisions. Chalstrom v. Desselles, 433 So.2d 866 (La.App. 4th Cir.), cert. denied, 438 So.2d 215 (La.1983). Erie-bound, we reverse, finding…