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Hall v. Brookshire Brothers8/21/2002
48 La. 449, 179 So.2d 634, 636 (1965)." Fowler, 797 So.2d at 170 (quoting Hampton v. Greenfield, 618 So.2d 859, 862 (La.1993)). While some of the Fund's issues for review may be substantively tenuous, there is no evidence that the appeal was taken for delay or that counsel was insincere. To the contrary, as evidenced by the foregoing, this case contains novel legal questions concerning the admission and establishment of a health care provider's liability under La.R.S. 40:1299.44(C)(5) and how that affects causation and allocation of fault. If there were no basis for appeal in this case, the Halls themselves would not have felt compelled, as they did, to assign issues for review.
DECREE
For the foregoing reasons, the judgment of the trial court is affirmed in its entirety. Costs of this appeal are assessed one-third to the Halls and two-thirds to the Fund.
AFFIRMED.
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