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MUNSON v. LAKEWOOD QUARTERS LT. PARTNERSHIP

No. 2006 CA 1428.

965 So.2d 448 (2007)

Dr. John MUNSON, Bevil Knapp and Ron Knapp, Individually and on Behalf of the Estate of Mildred Lucile Munson v. LAKEWOOD QUARTERS LIMITED PARTNERSHIP, B.B.R.C. Investments, L.L.C., and Millenium Management, LLLP, d/b/a Lakewood Quarters Rehabilitation and Nursing Center.

Court of Appeal of Louisiana, First Circuit.

July 18, 2007.

Attorney(s) appearing for the Case

Russell Ramsey, New Orleans, Counsel for Plaintiffs/Appellants, Dr. John Munson, Bevil Knapp and Ron Knapp.

Paul Lauve, Baton Rouge, Counsel for Defendant/Appellee, Lakewood Quarters Limited Partnership.

Before: CARTER, C.J., WHIPPLE, GUIDRY, McDONALD, and McCLENDON, JJ.

WHIPPLE, J.

In this action for damages for the injury and death of a nursing home resident, the trial court maintained the defendant's exception of prematurity, finding that the claim had to be first submitted to a medical review panel pursuant to the Louisiana Medical Malpractice Act, LSA-R.S. 40:1299.41 et seq. ("the MMA"). For the following reasons, we reverse and remand.

FACTS AND PROCEDURAL HISTORY

Plaintiffs, Dr. John Munson, Bevil Knapp...

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