Cannatella v. Cougle, 119 So. 3d 94

Plaintiffs sued Dr. Cougle, Parish Anesthesia, and LAMMICO for alleged anesthesiology malpractice during Thomas Cannatella’s birth on May 26, 2010.
Plaintiffs sought summary judgment on liability, causation, applicability of caps, and Lejeune damages.
The trial court granted summary judgment on liability, causation up to $100,000, and noted Lejeune issues; later amended to final judgment.
A settlement was reached shortly after, releasing Dr. Cougle, PA, and LAMMICO from further liability upon payment of $100,000 each, with preservation of PCF rights for excess damages.
The PCF appealed the judgment, arguing it failed to limit causation findings to $100,000 and allowed excess damages to be litigated.
The appellate court dismissed the appeal as moot due to the settlement and admitted liability, while denying sanctions.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the PCF may appeal the summary judgment.	Cannatella	PCF	Appeal dismissed as moot; no judgment remains for review.
Whether the summary judgment improperly established causation beyond $100,000.	Cannatella	PCF	No merit; causation beyond $100,000 not decided at summary judgment.
Whether the settlement triggered admission of liability and mooted the judgment against the PCF.	Cannatella	PCF	Settlement triggered admission under LMMA, making PCF appeal moot.

Bijou v. Alton Ochsner Med. Found., 679 So.2d 893 (La. 1996) (LMMA liability limits; admission triggers for excess damages)
McCrory v. Jefferson Parish Hosp. Serv. Dist. No. 2, 686 So.2d 1060 (La. App. 5 Cir. 1996) (statutory admission after $100,000 settlement; excess damages remain)
Stuka v. Fleming, 561 So.2d 1371 (La. 1990) (reaffirmed admission rule under LMMA after settlement)
Graham v. Willis-Knighton Med. Ctr., 699 So.2d 365 (La. 1997) (standard for proving excess damages after $100,000 payment)
Harrison v. Smith, 832 So.2d 1064 (La. App. 5 Cir. 2002) (burden on plaintiff to prove excess damages post-admission)