¶1In re Whitnell, Lorraine S.; Whitnell, James;—Plaintiff(s); applying for writ of certiorari and/or review; to the Court of Appeal, Fourth Circuit, No. 91CA-0426; Parish of Orleans, Civil District Court, Div. “L”, No. 86-17054.
¶2Prior report: La.App., 592 So.2d 429.
¶3Granted in part and denied in part: (1) granted for the purpose of remanding the case to the trial court for an evidentiary hearing and ruling on whether R.S. 9:5628 is unconstitutional. (2) Otherwise denied. The trial court correctly concluded that the doctor did not prevent timely filing of plaintiff’s action intentionally, fraudulently, or by ill practice. It is so ordered.