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Harrison v. Smith

Supreme Court of Louisiana
Oct 3, 1997
701 So. 2d 182 (La. 1997)

Opinion

No. 97-C-1402

October 3, 1997

IN RE: Harrison, Ronald Indiv.; Harrison, Doris; — Plaintiff(s); Applying for Writ of Certiorari and/or Review; to the Court of Appeal, Fifth Circuit, Number 96-CA-1005; Parish of Jefferson 24th Judicial District Court Div."D" Number 429-570


Granted. See order.

WFM

PFC

HTL

CDK

BJJ

JPV

JTK

TRAYLOR, J. not on panel.

ORDER

The judgment of the court of appeal is reversed insofar as it amended the Partial Summary Judgment of the trial court to exclude damages of $51,276.26 for the treatment of Avery Doyle Harrison. In all other respects the judgment of the court of appeal is affirmed.

Contested issues of fact appear to make a determination of whether and/or under what circumstances plaintiff is entitled to pursue a claim relative to the medical treatment rendered to Avery Doyle Harrison inappropriate for resolution by summary judgment. In connection with the trial on the merits of plaintiff's claims, the trial court is directed to receive evidence on and to determine the following issues, either prior to trial or at the trial on the merits:

1. Whether liability is deemed admitted and plaintiff is entitled to pursue a claim to recover one maximum award of up to $500,000 in damages from the Louisiana Patient's Compensation Fund (subject to credit for settlements paid) for the medical treatment and deaths of both Avery Doyle Harrison and Doris Harrison, plus medical expenses incurred; or

2. Whether plaintiff is entitled to pursue claims to recover two maximum awards of up to $500,000 each, plus medical expenses incurred, from the Louisiana Patient's Compensation Fund in connection with the treatment of Avery Doyle Harrison and Doris Harrison (subject to credit for settlements paid) but with plaintiff being required to prove liability as to the claim relative to Avery Doyle Harrison; or

3. Whether any and all claims plaintiff may have against the Louisiana Patient's Compensation Fund relative to the medical treatment of Avery Doyle Harrison are precluded by the settlement agreement entered into by Ronald Harrison, Individually and on behalf of his minor child, Avery Doyle Harrison; and

4. The extent to which the Louisiana Patient's Compensation fund was a party to, ratified, or is otherwise estopped to complain of any agreements the court may find were made relative to the settlement agreements entered into by the plaintiff.

The parties may appeal the ruling of the trial court on these issues after a judgment on the merits.


Summaries of

Harrison v. Smith

Supreme Court of Louisiana
Oct 3, 1997
701 So. 2d 182 (La. 1997)
Case details for

Harrison v. Smith

Case Details

Full title:RONALD HARRISON, INDIVIDUALLY AND ON BEHALF OF HIS WIFE, DORIS HARRISON…

Court:Supreme Court of Louisiana

Date published: Oct 3, 1997

Citations

701 So. 2d 182 (La. 1997)

Citing Cases

Harrison v. Smith

Mr. Harrison took writs to the Supreme Court, which reversed the portion of our opinion amending the partial…