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STUKA v. FLEMING

No. 89-CC-1391.

561 So.2d 1371 (1990)

Wally Eugene STUKA, et ux. v. Dr. Michael FLEMING, et al.

Supreme Court of Louisiana.

Rehearing Denied June 28, 1990.

Attorney(s) appearing for the Case

Donald Miller, for applicants.

Caldwell Roberts, Mayer, Smith & Roberts, Shreveport, Ambrose Ramsey, III, Carruth, Cooper & Adams, Baton Rouge, Jerald Perlman, Walker, Tooke, Perlman, Lyons & Clawson, Shreveport, for respondents.

LEMMON*, Justice.

The issue in this case is whether the Patient's Compensation Fund (the Fund), created by La.Rev.Stat.Ann. 40:1299.44, may contest its liability to a medical malpractice victim who has compromised his claim against one health care provider for $100,000, while voluntarily dismissing others, and is seeking recovery against the Fund of damages in excess of the settlement amount. We conclude that payment of $100,000 to a medical...

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