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BYRD v. STATE, THROUGH DPS

No. 92-1285.

625 So.2d 315 (1993)

Eugene BYRD, Plaintiff-Appellee, v. STATE of Louisiana, Through the DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONS, and State of Louisiana, Through the Department of Health and Human Resources, Defendant-Appellant.

Court of Appeal of Louisiana, Third Circuit.

October 6, 1993.

Attorney(s) appearing for the Case

Vincent Ross Cicardo, Alexandria, for plaintiff-appellee Eugene Byrd.

Robert Shands Leake, Baton Rouge, for defendant-appellee State of LA Through Dept. of Public Safety.

Before DOMENGEAUX, C.J., and SAUNDERS and WOODARD, JJ.

DOMENGEAUX, Chief Judge.

Eugene Byrd brought this medical malpractice suit against the State of Louisiana, through the Department of Public Safety and Corrections and the Department of Health and Human Resources. After a bench trial, judgment was rendered in favor of Byrd, and damages in the amount of $350,000 were awarded. The State has appealed on the merits and has also raised a procedural issue; we reverse in its favor.

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