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ABNEY v. CHARITY HOSP. IN NEW ORLEANS

No. 2000-CA-0450.

787 So.2d 1123 (2001)

Leon ABNEY v. CHARITY HOSPITAL IN NEW ORLEANS (Now Known as Medical Center of Louisiana at New Orleans).

Court of Appeal of Louisiana, Fourth Circuit.

May 16, 2001.

Attorney(s) appearing for the Case

C.A. Fleming, III, Fleming & Rosamond, L.L.P., Metairie, Counsel for Plaintiff/Appellee.

Kathleen A. Mumphrey, E. Ralph Lupin, Alan D. Weinberger, Middleberg, Riddle & Gianna, New Orleans, Counsel for Defendant/Appellant.

Court composed of Judge DENNIS R. BAGNERIS, Sr., Judge MAX N. TOBIAS, Jr., and Judge DAVID S. GORBATY.

BAGNERIS, J.

This appeal arises from a judgment of the trial court dismissing the defendant's exception of prematurity. For the reasons explained below, this Court finds that the defendant's exception of prematurity should have been dismissed. The judgment of the trial court is therefore affirmed.

FACTS

Plaintiff/appellee, Leon Abney ("Mr. Abney") received a blood transfusion while hospitalized at Charity Hospital in New Orleans in 1969. It...

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