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GIBSON v. MONROE MANOR NURSING HOME

No. 32,806-CA.

756 So.2d 583 (2000)

Marvin Glen GIBSON, et al., Plaintiffs-Appellants, v. MONROE MANOR NURSING HOME, Defendant-Appellee.

Court of Appeal of Louisiana, Second Circuit.

March 3, 2000.

Attorney(s) appearing for the Case

Richard L. Fewell, West Monroe, Counsel for Plaintiffs-Appellants.

Brady D. King, II, Monroe, Counsel for Defendant-Appellee.

Before BROWN, STEWART and DREW, JJ.

DREW, J.

The single issue presented by this appeal is whether the private right of action afforded to nursing home residents pursuant to La. R.S. 40:2010.8 and 2010.9 is a "strictly personal" right that may be brought only by nursing home residents or their curators. In the case at bar, the trial court sustained an exception of no right of action against the legal heirs of Clara Gertrude Gibson, who died on August 29, 1997...

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