Supreme Court of Louisiana, 1998

Guitreau v. Kucharchuk

Supreme Court of Louisiana · Decided November 6, 1998 · No. 98-C-0756 · Lemmon, Victory

726 So. 2d 915; 1998 La. LEXIS 3326 (Southern Reporter, Second Series)

Cases that cite this one

2 later published cases cite this decision.

Guitreau v. Kucharchuk (La. 2000)
Guitreau v. Kucharchuk (La. Ct. App. 1999)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Concurring Opinion

VICTORY, J.,

concurring. Because the request for a medical review panel was timely, the date of discovery is irrelevant if the court of appeal, in addressing footnote 5 of LeBreton, determines that the only pertinent time limitation for filing in the district court is the ninety day period that follows the decision by the medical review panel.

Opinion of the Court

In re Kucharchuk, Andrew, M.D.; Southeastern Orthopedics, Inc.; — Defendant(s); applying for writ of certiorari and/or review; to the Court of Appeal, First Circuit, No. CA97 0169; Parish of East Baton Rouge, 19th Judicial District Court, Div. “I”, No. 429,388.

Granted and remanded to the court of appeal for a decision concerning the question left open and noted in footnote 5 in Lebreton v. Rabito, 97-2221 (La.7/8/98), 714 So.2d 1226.

LEMMON, J., not on panel.

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