FOR IMMEDIATE NEWS RELEASE

NEWS RELEASE # 126

FROM: CLERK OF SUPREME COURT OF LOUISIANA

On the 6th day of December, 1996 , the following action was taken by the Supreme Court of Louisiana in the case(s) listed below:
 

BY JOHNSON, J. :

95-C - 0112 LORRAINE S.WHITNELL,WIFE OF/AND JAMES WHITNELL v. Dr C/W ARTHUR SILVERMAN C/W LORRAINE S. WHITNELL, WIFE OF/AND 95-C - 0259 JAMES WHITNELL v. DR. ARTHUR SILVERMAN, DR. JOHN G. MENVILLE, ET AL (Parish of Orleans)

For the foregoing reasons, we reverse the judgment of the trial court, as affirmed by the court of appeal, insofar as it declared La.R.S. 9:5628 unconstitutional as to hypothetical third parties with diseases characterized by latency periods longer than three years. We reverse the court of appeal's ruling that La.R.S. 9:5628 is unconstitutional as applied to the plaintiffs herein, and reinstate the trial court's finding that the statute is constitutional in its application to plaintiff.

We also reverse the court of appeal's ruling that there existed no medical malpractice insurance crisis which precipitated the enactment of La.R.S. 9:5628, for the reason that it was improper for the court of appeal to apply the "appropriate governmental interest suitably furthered" standard under the facts in this particular case.

REVERSED.

Pursuant to Rule IV, Part 2, 3, Chief Justice Pascal F. Calogero was not on panel. Judge Henry L. Yelverton, Court of Appeal, Third Circuit, participated as Justice Pro Tempore, in place of Justice James L. Dennis.

WATSON & YELVERTON, JJ. - dissent believing Mrs. Whitnell did not know her condition because of concealment by the doctor.

LEMMON, J. - dissents and assigns reasons. [Ed. Note: released 12/16/96]

KIMBALL, J. - concurs and assigns reasons.
 

PER CURIAM:

96-B - 1379 IN RE: DAVID L. LEVINGSTON

DISCIPLINARY PROCEEDINGS

Accordingly, respondent is suspended from the practice of law for a period of two years. Respondent is further ordered to pay restitution in the amount of $98,000, and to pay all costs of these proceedings. Respondent's payment of full restitution or efforts to make restitution will be considered if respondent applies for reinstatement.

VICTORY, J. - not on panel. Rule IV, Part 2, 3.