MILBERT v. ANSWERING BUREAU, INC.

No. 12-632.

103 So.3d 1285 (2012)

Daniel MILBERT, et al. v. ANSWERING BUREAU, INC.

Court of Appeal of Louisiana, Third Circuit.

December 5, 2012.


Attorney(s) appearing for the Case

R. Ray Orrill, Jr. , Leslie A. Cordell , W. Christopher Beary , Orrill, Cordell & Beary, LLC, New Orleans, LA, for Plaintiffs/Appellants, Daniel Milbert, Kerri Chatelain, Mason Milbert.

James H. Gibson , Allen & Gooch, Lafayette, LA, for Defendant/Appellee, Answering Bureau, Inc., Individually and d/b/a Dexcomm.

Court composed of SYLVIA R. COOKS, OSWALD A. DECUIR, and SHANNON J. GREMILLION, Judges.


DECUIR, Judge.

In this medical malpractice case, the plaintiffs appeal the trial court's grant of summary judgment in favor of Answering Bureau, Inc. d/b/a Dexcomm (Dexcomm).

FACTS

On September 2, 2008, Daniel Milbert (Milbert) fell off a roof and broke his ankle. On September 4, 2008, Dr. Thomas Montgomery performed surgery to repair the ankle at Lafayette General Medical Center (LGMC). That same day Dr. Todd Ackal placed a pain pump. On September...

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