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631 So. 2d 457

Russo v. Vasquez

Supreme Court of Louisiana

Decided January 11, 1994

Supreme Court of Louisiana · decided 1994-01-11

Relies on 576 So. 2d 470 - Koslowski v. Sanchez

Decided 1994-01-11

PER CURIAM.

¶1Granted: Remanded to trial court for evi-dentiary hearing to determine amount of discount allowed and to determine if settlement equated to $100,000. If so, the motion to strike was properly granted; if not then the trial court must deny the motion. See Kos-lowski v. Sanchez, 576 So.2d 470 (La.1991). Thereafter, the matter shall proceed according to law.

CALOGERO, C.J.,

¶2dissents, agreeing with the reasons assigned by LEMMON, J. If Koslowski is not distinguishable from this *458ease (and it may very well be) then Koslow-ski should be overruled.

LEMMON, J., dissents and assigns reasons.MARCUS, J., dissents for reasons assigned by LEMMON, J.HALL, J., not on panel.
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