August v. Anastasio

Supreme Court of Louisiana
August v. Anastasio, 551 So. 2d 617 (La. 1989)
1989 La. LEXIS 2687; 1989 WL 139029
From, Lemmon, Marcus

August v. Anastasio

Opinion of the Court

In re August, Myrtle; — Plaintiff(s); Applying for Writ of Supervisory, Remedial and Review; to the Court of Appeal, Fourth Circuit, Number 89CW-1406; Parish of Orleans Civil District Court Div. “B” Number 85-8287.

Granted. The judgment of the court of appeal is set aside and the judgment of the trial court is reinstated.

Concurring Opinion

LEMMON, J.,

concurs. As the court of appeal notes, defendant has the right under La.R.S. 40:1299.47(H) to call members of the medical review panel. Nevertheless, the trial judge has the discretion to limit the total number of expert witnesses who will testify on the same issue. Defendant did not show an abuse of discretion.

MARCUS, J., dissents from the order.

Reference

Full Case Name
Myrtle AUGUST v. Dr. Charles ANASTASIO
Status
Published