Legal Opinion
Bayer v. Starr Int'l Corp.
Louisiana Court of Appeal
Decided May 2, 2018No. 2017–CA–0948; NO. 2017–CA–0257PublishedCited by 5 opinions
1Opinion of the Court
LOVE, J., CONCURS IN PART AND DISSENTS IN PART
LOVE, J., CONCURS IN PART AND DISSENTS IN PART
I respectfully concur in part and dissent in part. I agree with the majority that genuine issues of material fact exist as to Dr. Thomas Bayer which precludes granting of summary judgment in the defendants favor. Unlike the majority, however, I find genuine issues of material fact also exist as to Dr. Laura Kelley. The trial court relied on Prather v. Audubon Ins. Co. , 488 So.2d 383 (La. App. 3rd Cir. 1986), and the proximity test to grant defendants' motion for summary judgment. I find the trial…
2Cases cited2 opinions
- Sierra v. American Alternative Insurance Corp.Louisiana Court of Appeal · 2014
- Prather v. Audubon Insurance Co.Louisiana Court of Appeal · 1986
3Cited by5 opinions
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- Stuart Gignilliat and Kasey Gignilliat v. American Economy Insurance Company, Fertility Institute of New Orleans, Ovation Fertility, and Texas Fertility CenterLouisiana Court of Appeal · 2026