Arrington v. Galen-Med, Inc.

Supreme Court of Louisiana

Arrington v. Galen-Med, Inc.

89 So. 3d 1159, 2012 WL 1850332, 2012 La. LEXIS 1420

CourtSupreme Court of Louisiana

DecidedMay 22, 2012

DocketNo. 2012-CA-0908

StatusPublished

Cited by1 cases

This text of 89 So. 3d 1159 (Arrington v. Galen-Med, Inc.) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Arrington v. Galen-Med, Inc., 89 So. 3d 1159, 2012 WL 1850332, 2012 La. LEXIS 1420 (La. 2012).

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Opinion

PER CURIAM.

| r Defendants invoke the appellate jurisdiction of this court pursuant to La. Const, art. V, § 5(D) to review a judgment of the district court declaring La. R.S. 40:1299.42(13), which places a cap on damages in medical malpractice actions, to be unconstitutional. Pretermitting the merits, we find that at the time the district court rendered its judgment, it did not have the benefit of our recent opinion in Oliver v. Magnolia Clinic, 11-2132 (La.3/13/12), 85 So.3d 39. In Oliver, we reiterated our holding in Butler v. Flint Goodrich Hospital, 607 So.2d 517 (La. 1992), cert. denied, 508 U.S. 909, 113 S.Ct. 2338, 124 L.Ed.2d 249 (1993), and recognized the malpractice cap was constitutional.

Accordingly, the judgment of the district court is vacated and set aside. The case is remanded to the district court to reconsider its ruling in light of Oliver v. Magnolia Clinic, 11-2132 (La.3/13/12), 85 So.3d 39.

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PER CURIAM.

| r Defendants invoke the appellate jurisdiction of this court pursuant to La. Const, art. V, § 5(D) to review a judgment of the district court declaring La. R.S. 40:1299.42(13), which places a cap on damages in medical malpractice actions, to be unconstitutional. Pretermitting the merits, we find that at the time the district court rendered its judgment, it did not have the benefit of our recent opinion in Oliver v. Magnolia Clinic, 11-2132 (La.3/13/12), 85 So.3d 39. In Oliver, we reiterated our holding in Butler v. Flint Goodrich Hospital, 607 So.2d 517 (La. 1992), cert. denied, 508 U.S. 909, 113 S.Ct. 2338, 124 L.Ed.2d 249 (1993), and recognized the malpractice cap was constitutional.

Accordingly, the judgment of the district court is vacated and set aside. The case is remanded to the district court to reconsider its ruling in light of Oliver v. Magnolia Clinic, 11-2132 (La.3/13/12), 85 So.3d 39.

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Bluebook (online)

89 So. 3d 1159, 2012 WL 1850332, 2012 La. LEXIS 1420, Counsel Stack Legal Research, https://law.counselstack.com/opinion/arrington-v-galen-med-inc-la-2012.

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