Russo v. Kraus

52 So. 3d 876, 2011 WL 287330

• Court: Supreme Court of Louisiana
• Decided: January 28, 2011
• Docket: 2010-C-2463
• Status: Published

Opinion

ORDER

Writ granted. In light of the defendants’ stipulation to the latency of Janice Russo’s disease and this Court’s prior findings concerning the existence of a medical malpractice insurance crisis in the 1970s, the Court of Appeal erred in reversing the District Court’s judgment and remanding this matter for a Sibley v. Board of Supervisors of Louisiana State University, 477 So.2d 1094 (La.1985), hearing on these issues. See Crier v. Whitecloud, 496 So.2d 305, 308-09 (La.1986); see also, Branch v. Willis-Knighton Medical Center, 92-3086, pp. 9-10 (La.4/28/94), 636 So.2d 211, 215, overruled on other grounds in David v. Our Lady of the Lake Hospital, 02-2675 (La.07/02/03), 849 So.2d 38. Accordingly, the judgment of the Court of Appeal is hereby reversed, and the judgment of the District Court is hereby reinstated.

JOHNSON and WEIMER, JJ., would deny.