Supreme Court of Louisiana, 1989

Stuka v. Fleming

Stuka v. Fleming
Supreme Court of Louisiana · Decided January 13, 1989 · Lemmon
536 So. 2d 1206; 1989 La. LEXIS 435; 1989 WL 1629 (Southern Reporter, Second Series)

Stuka v. Fleming

Opinion of the Court

In re Stuka, Wally Eugene; Stuka, Lorna Marie Larrieu; —Plaintiff(s); applying for supervisory and/or remedial writs; to the Court of Appeal, Second Circuit, No. 20600-CW; Parish of Caddo, 1st Judicial District Court, Div. “G”, No. 330930.

Prior report: La.App., 532 So.2d 1204.

Granted. Case remanded to the Court of Appeal for briefing, argument and an opinion.

Concurring Opinion

LEMMON, J.,

votes to grant the application and docket the case for argument, particularly to consider whether the settlement with one doctor (while releasing the other two doctors) and with the medical corporation (which appears to be only vicariously liable) is a settlement with one health care provider which constitutes the admission of the liability of that health care provider.

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