Legal Opinion

Byrd v. Pulmonary Care Specialists, Inc.

Louisiana Court of Appeal

Decided December 22, 2016No. 2016 CA 0485PublishedCited by 18 opinions

1Opinion of the CourtHigginbotham, J.

12This is an appeal from a district court’s grant of summary judgment, dismissing the plaintiffs suit that arose out of an alleged malfunction of a home-based oxygen machine that was provided by the defendant.

BACKGROUND

The defendant in this case, Pulmonary Care Specialists, Inc. (“PCS”), provided a home-based oxygen machine to the plaintiff, Robert D. Byrd.1 Byrd filed suit *194against PCS on February 18, 2011, seeking damages stemming from his respiratory failure and subsequent hospitalization caused by an alleged malfunction of the oxygen machine. Byrd claimed that PCS was negligent in that it…

2Cases cited13 opinions

  1. Samaha v. RauSupreme Court of Louisiana · 2008
  2. Tranum v. HebertLouisiana Court of Appeal · 1991
  3. Robles v. ExxonMobileLouisiana Court of Appeal · 2003
  4. Smith v. Hartford Accident and Indemnity CompanySupreme Court of Louisiana · 1969
  5. Dural v. City of Morgan CityLouisiana Court of Appeal · 1984

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3Cited by18 opinions

  1. Jones v. Americas Insurance Co.Louisiana Court of Appeal · 2017
  2. Prejean v. McMillanLouisiana Court of Appeal · 2019
  3. Riedel v. FenasciLouisiana Court of Appeal · 2018
  4. Hickman v. Exxon Mobil Corp.Louisiana Court of Appeal · 2018
  5. Williams v. Hosp. Serv. Dist. No.1 of Tangipahoa ParishSupreme Court of Louisiana · 2018

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