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KERRY v. STATE EX REL. BD. OF SUPERVISORS

No. CW2006-00131.

935 So.2d 385 (2006)

Darvin KERRY v. STATE of Louisiana, Through BOARD OF SUPERVISORS OF LOUISIANA STATE UNIVERSITY, et al.

Court of Appeal of Louisiana, Third Circuit.

July 12, 2006.

Attorney(s) appearing for the Case

James D. Caldwell, Shreveport, LA, for Plaintiff/Respondent, Darvin Kerry.

Charles C. Foti, Jr., Attorney General, James E. Calhoun, Asst. Attorney General, Alexandria, LA, for Defendant/Relator, State of Louisiana, through the Board of Supervisors, LSU Health Sciences Center, Health Care Services Division.

Court composed of GLENN B. GREMILLION, BILLY H. EZELL, and J. DAVID PAINTER, Judges.

GREMILLION, Judge.

In this writ application, the defendant, the State of Louisiana, through the Board of Supervisors of Louisiana State University, Health Sciences Center-Health Care Services, Huey P. Long Medical Center (the State), urges that the wrongful death claim of the plaintiff, Darvin Kerry, is prematurely before the court. We agree and remand for further proceedings consistent with this opinion.

FACTUAL AND PROCEDURAL BACKGROUND

This writ...

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