Futch v. Commercial Union Insurance Co.

|1PLOTKIN, Judge.

In this case, appellant, Commercial Union Insurance Company, called on us to decide a res nova issue of law in Louisiana: whether an original tortfeasor may seek indemnification from a medical care provider for that portion of the injured party’s damages that are directly attributable to the negligence of the medical care provider. Because we find that resolution of this issue is not necessary to decide this case, we pretermit answering it and affirm the district court’s decision that granted the medical care provider’s motion for summary judgment and dismissed the original…