Legal Opinion

Banks v. Children's Hospital

Louisiana Court of Appeal

Decided December 17, 2014No. 2013-CA-1481PublishedCited by 9 opinions

1Opinion of the Court

MADELEINE M. LANDRIEU, Judge.

|TThe plaintiffs, Julia Banks and Bay-nard Taylor, appeal the trial court’s judgment dismissing their medical malpractice case against the defendant, Children’s Hospital, following a full trial on the merits. We find that the trial court erred by entering judgment rather than sending the jury back for further deliberations or ordering a new trial, as required by Louisiana Code of Civil Procedure Article 1813, after the jury returned inconsistent answers on the special verdict form. Reviewing the record de novo, however, we reach the same result as the trial court.…

2Cases cited21 opinions

  1. Stobart v. State Through DOTDSupreme Court of Louisiana · 1993
  2. Canter v. Koehring CompanySupreme Court of Louisiana · 1973
  3. Gonzales v. Xerox Corp.Supreme Court of Louisiana · 1975
  4. Pfiffner v. CorreaSupreme Court of Louisiana · 1994
  5. Evans v. LungrinSupreme Court of Louisiana · 1998

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3Cited by9 opinions

  1. Oddo v. Asbestos Corp.Louisiana Court of Appeal · 2015
  2. Kenner Plumbing Supply, Inc. v. Rusich Detailing, Inc.Louisiana Court of Appeal · 2015
  3. Bonnette v. BonnetteLouisiana Court of Appeal · 2016
  4. State ex rel. Department of Social Services v. WhittingtonLouisiana Court of Appeal · 2016
  5. Burchfield v. WrightLouisiana Court of Appeal · 2017

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