FOR IMMEDIATE NEWS RELEASE  

NEWS RELEASE # 31

FROM: CLERK OF SUPREME COURT OF LOUISIANA

The Opinions handed down on the 12th day of April, 2002 , are as follows:

 

BY KIMBALL, J. :

2001-CC- 2206          BENNETT GEIGER AND PEGGY PENDARVIS, INDIVIDUALLY AND ON BEHALF OF,THEIR MINOR DAUGHTER, SUZANNE NICOLE PENDARVIS v. STATE OF LOUISIANA, THROUGH THE DEPARTMENT OF HEALTH AND HOSPITAL AND EARL K. LONG MEDICAL CENTER (Parish of E. Baton Rouge)
For the foregoing reasons, we reverse the decision overruling the state's exception of prescription on the ground that the suit had not prescribed from the date of the act of alleged malpractice, and we remand the case to the district court for a hearing on whether the plaintiffs' claim had prescribed from the date of discovery of the alleged act, omission, or neglect.

REVERSED and REMANDED.

CALOGERO, C.J., concurs in part, dissents in part and assigns reasons.
JOHNSON, J., concurs.

 

PER CURIAM :

2001-B- 2836              IN RE: DEONNE DUBARRY
(Disciplinary Proceedings)
Upon review of the findings and recommendations of the hearing committee and disciplinary board, and considering the record, briefs and oral argument, it is ordered that Deonne DuBarry be suspended from the practice of law in Louisiana for period of one year. All costs and expenses in the matter are assessed against respondent in accordance with Supreme Court Rule XIX, §10.1, with legal interest to commence thirty days from the date of the finality of this court's judgment until paid.

 

2001-B- 3071                 IN RE: CHARLES R. WHITEHEAD, III
(Disciplinary Proceedings)
Upon review of the findings and recommendations of the hearing committee and disciplinary board, and considering the record, it is ordered that Charles R. Whitehead, III be suspended from the practice of law for a period of one year. Six months of this suspension shall be deferred, subject to a one year period of probation. During the period of probation, respondent shall comply with the conditions of probation recommended by the disciplinary board. It is further ordered that any misconduct during the probationary period will be grounds for making the deferred period of the suspension executory and/or imposing additional discipline, as appropriate. All costs and expenses in the matter are assessed against respondent in accordance with Supreme Court Rule XIX, §10.1, with legal interest to commence thirty days from the date of finality of this court's judgment until paid.