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GRIFFIN v. KINBERGER

No. 85-CC-0657.

507 So.2d 821 (1987)

Marcus S. GRIFFIN et al. v. Frank KINBERGER, M.D. et al.

Supreme Court of Louisiana.

May 28, 1987.

Attorney(s) appearing for the Case

C. William Bradley, Jr., Lemle, Kelleher, Kohlmeyer, Dennery, Hunley, Moss & Frilot, New Orleans, et al, for applicant.

Edward Castaing, Jr., Dymond, Crull & Castaing, Henri Wolbrette, III, Stephanie Lawrence, McGlinchey, Stafford, Mintz, Cellini & Lang, New Orleans, for respondent.

LEMMON, Justice.

This medical malpractice action presents two issues. The first issue is whether La.R.S. 9:5628, which sets an outside limit of three years on the applicability of the doctrine of contra non valentem agere nulla currit praescriptio in medical malpractice cases, may be used to bar an action based on an act or omission that occurred before September 12, 1975, the effective date of the statute. For the reasons assigned in Maltby v. Gauthier...

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