Harris v. Breaud, 243 So. 3d 622 (2018)

Feb. 27, 2018 · Court of Appeal of Louisiana, First Circuit · NO. 2017 CA 0422
243 So. 3d 622

Milton Lee HARRIS and Lisa Harris
v.
Stephen M. BREAUD, M.D.

NO. 2017 CA 0422

Court of Appeal of Louisiana, First Circuit.

Judgment Rendered: FEBRUARY 27, 2018

Alan K. Breaud, Timothy W. Basden, Lafayette, LA, Attorneys for Defendant-Appellee, Stephen M. Breaud, M.D.

Steve Adams, Baton Rouge, LA, Attorney for Plaintiffs-Appellants, Milton Lee Harris and Lisa Harris

BEFORE: HIGGINBOTHAM, HOLDRIDGE, AND PENZATO, JJ.

HIGGINBOTHAM, J.

In this medical malpractice case, plaintiffs, Mr. Milton Lee Harris and his wife, Mrs. Lisa Harris, contend that the trial court erred in holding that all of their claims against defendant, Dr. Stephen M. Breaud, other than the claims related to the medical procedure performed on December 29, 2009, were prescribed.

Because the issues in this appeal and the related appeal, Harris v. Breaud 2017-0421 (La. App. 1st Cir. 22/27/8), 243 So.3d 572, 2018 WL 1059604 ( Harris , 0421 ), decided this same date were included in a single judgment pursuant to a rule to show cause issued by this court, we addressed the assignment of error laid out in this appeal by the Harrises in Harris , 0421. In Harris , 0421, we concluded that the trial court properly granted Dr. Breaud's peremptory exception raising the objection of prescription. Consequently, for the same reasons expressed in our opinion in the related Harris , 0421 appeal, we hereby affirm via summary opinion in accordance with Uniform Rules-Courts of Appeal, Rule 2-16.2, the granting by the trial court of Dr. Breaud's peremptory exception raising the objection of prescription. All costs of this appeal are assessed against plaintiffs, *623Mr. Milton Lee Harris and Mrs. Lisa Harris.

AFFIRMED.