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SUPREME COURT OF LOUISIANA
No. 96-CC-2825 STEVE DOUGLASS, INDIVIDUALLY AND ON BEHALF OF HIS MINOR CHILD, ANNIE MARIE DOUGLASS; AND THE MINOR CHILDREN, ADAM RUBEN DOUGLASS AND ANDY ALTON DOUGLASS; AND KATHY DOUGLASS versus ALTON OCHSNER MEDICAL FOUNDATION; JOHN L. OCHSNER, M.D.; TERRY D. KING, M.D.; AND THE AMERICAN ASSOCIATION OF BLOOD BANKS, INC.

ON WRIT OF REVIEW TO THE COURT OF APPEAL, FIFTH CIRCUIT, STATE OF LOUISIANA

TRAYLOR, Justice*
The issue in this case is whether a partial summary judgment that disposes of one or more, but less than all, of the issues in a case is a final judgment which must therefore be immediately appealed in order to seek review of the judgment. Because the Louisiana Code of Civil Procedure clearly authorizes partial summary judgments and provides that such a judgment is a final judgment, we find that the proper vehicle for seeking review of a partial summary judgment is by appeal. Therefore, a supervisory writ normally will not lie to correct an improperly granted partial summary judgment. Facts and Procedural History On January 24, 1983, defendant John Ochsner performed surgery on Annie Marie Douglass at Ochsner Foundation Hospital to repair multiple heart defects. During the course of surgery and recovery, Douglass received several units of blood and blood products. Douglass had no complications and was discharged on January 29, 1983. She has had no related heart problems or symptoms since. In March 1993, Douglass was diagnosed as positive for HIV. In December, 1995, plaintiffs Steve Douglass, individually and on behalf of Annie Marie Douglass, Kathy Douglass, and their minor children, Adam Douglass and Andy Douglass (hereinafter "Douglass"), filed suit

*Calogero, C.J., not on panel. Rule IV, Part 2,

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Louisiana Law