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Fair v. Allen

The plaintiffs sued for damages allegedly sustained in a car accident. Plaintiffs' motion for partial summary judgment on liability was granted and a jury trial was conducted on damages, resulting in a verdict in favor of the plaintiffs for $38,500. Plaintiffs claim the district court should have granted their motion for new trial. In Louisiana, the diagnoses and opinions of a treating physician are entitled to more weight than are those of doctors who examined the plaintiff only for litigation purposes. The presumption does not give a treating physician unlimited credibility. The judgment is affirmed. 5th U.S. Circuit Court of Appeals, No. 11-30467, 02-03-2012.

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United States Court of Appeals Fifth Circuit

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