FOR IMMEDIATE NEWS RELEASE
NEWS RELEASE # 46
FROM: CLERK OF SUPREME COURT OF LOUISIANA
The Opinion handed down on the 17th day of June,
2005, is as follows:
BY KIMBALL, J.:
RANDY HANKS, ET AL. v. DR. A. KENT SEALE, ET AL.(Parish
For the above reasons, we conclude that the Fund is precluded
from appealing a district court's judgment of liability against
a qualified health care provider when the qualified health
care provider has elected not to appeal that finding and has
satisfied the judgment against him. Accordingly, we affirm
the judgment of the court of appeal denying the Fund's right
to contest liability and refusing to consider the Fund's assignment
of error regarding the jury's finding of liability. Furthermore,
we affirm the court of appeal's judgment upholding the jury's
award of future medical expenses.
CALOGERO, C.J., concurs and assigns reasons.
VICTORY, J., dissents in part and assigns reasons.