Whitnell v. Silverman, 598 So. 2d 345

Granted in part and denied in part: (1) granted for the purpose of remanding the case to the trial court for an evidentiary hearing and ruling on whether R.S. 9:5628 is unconstitutional. (2) Otherwise denied. The trial court correctly concluded that the doctor did not prevent timely filing of plaintiff‘s action intentionally, fraudulently, or by ill practice. It is so ordered.

CALOGERO, C.J., concurs in remand action (1), but dissents from denial of balance of relator‘s application (2).

WATSON and LEMMON, JJ., concur in the order but would prefer to grant on all issues.

MARCUS and COLE, JJ., would deny the writ.

Case Details

Case Name: Whitnell v. Silverman

Court Name: Supreme Court of Louisiana

Date Published: May 8, 1992

Citations: 598 So. 2d 345; 1992 WL 108986; 92-C-0619

Docket Number: 92-C-0619

Court Abbreviation: La.