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MINEO v. UNDERWRITERS AT LLOYDS, LONDON

No. 2007-CA-0514.

997 So.2d 187 (2008)

Ronald MINEO, Garret Mineo, John Mineo, Jr. and Karl Mineo individually and on behalf of their Deceased Father, John Mineo, Sr. v. UNDERWRITERS AT LLOYDS, LONDON; Chateau Living Center, L.L.C.; New Orleans Tours, Inc. and ABC Insurance Company.

Court of Appeal of Louisiana, Fourth Circuit.

October 22, 2008.

Attorney(s) appearing for the Case

Timothy R. Richardson, USRY, Weeks & Matthews, APLC, New Orleans, LA, for Ronald Mineo, Garrett Mineo, John D. Mineo, Jr., Karl Mineo, Melody Mineo and Catherine Mineo Salzer.

Peter J. Butler, Peter J. Butler, L.L.C., Gretna, LA, and Peter J. Butler, Jr., Michael C. Luquet, Richard G. Passler, Ralph T. Rabalais, Lydia Habliston Toso, Breazeale, Sachse & Wilson, L.L.P., New Orleans, LA, for Defendant/Appellee, Chateau Living Center, L.L.C.

(Court composed of Judge CHARLES R. JONES, Judge MICHAEL E. KIRBY, Judge MAX N. TOBIAS, JR., Judge DAVID S. GORBATY, and Judge ROLAND L. BELSOME).

MICHAEL E. KIRBY, Judge.

Plaintiffs/appellants, the Mineo Family, appeal the trial court's grant of an exception of prematurity in favor of the defendants, Underwriters at Lloyds, London, and Chateau Living Center, L.L.C., et al. Defendants filed the exception upon the grounds that the Louisiana Medical Malpractice Act, ("MMA"), La. R.S. 40:1299.41, et seq., requires a prior medical review panel for the plaintiffs...

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