Cockerham v. LaSalle Nursing Home, Inc., 930 So. 2d 239 (La. Ct. App. 2006)

Jury found that nursing home and hospital were equally at fault. On JNOV, the trial court awarded damages for survival, medical expenses, funeral expenses and attorney’s fees. Court of appeals rejected nursing home’s argument that the trial court erred by redacting conclusions in the medical review panel report to the effect that the nursing home did not breach the standard of care and that its conduct did not cause plaintiff’s injury. Reviewing the language of La.R.S. 40:1299.39.1(G)(2), the court of appeals found that the trial court did not err by redacting the report. There was no manifest error in the jury’s allocation of fault, so it was not error to sustain it. There was no error in awarding damages on the survival claim or in the quantum of damages awarded. An attorney’s fee award of one-third was reasonable and was not an abuse of discretion.

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