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JACKSON v. DeSOTO RETIREMENT AND REHAB.

No. 40,482-CA.

917 So.2d 727 (2005)

Fred JACKSON, Individually and On Behalf of Charlie Edwards, Plaintiff-Appellee v. DeSOTO RETIREMENT AND REHABILITATION CENTER INC. and Its Unknown Insurer, Defendant-Appellant.

Court of Appeal of Louisiana, Second Circuit.

December 14, 2005.

Attorney(s) appearing for the Case

David R. Sobel, Jeremy C. Cedars, Alexandria, for Appellant.

Murphy J. White, Mansfield, for Appellee.

Before BROWN, C.J., and WILLIAMS and PEATROSS, JJ.

WILLIAMS, J.

The defendant, DeSoto Retirement and Rehabilitation Center, Inc. ("DeSoto Retirement"), appeals a district court judgment overruling its dilatory exception of prematurity. At issue in this case is whether the plaintiff's allegation under the Nursing Home Residents' Bill of Rights, LSA-R.S. 40:2010.8, et seq. (the "NHRBR") that the nursing home's employees "caused [his brother] to fall/and or [sic] dropped him" must be submitted to a medical review...

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