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LEONARD v. STATE, DHH-RUSTON DEVEL. CENTER

No. 42,893-CA.

975 So.2d 662 (2008)

Johnny LEONARD, Sr. and Linda Leonard, Plaintiffs-Appellants, v. STATE of Louisiana, DEPARTMENT OF HEALTH AND HOSPITALS-RUSTON DEVELOPMENTAL CENTER, Defendant-Appellee.

Court of Appeal of Louisiana, Second Circuit.

Rehearing Denied March 13, 2008.

Attorney(s) appearing for the Case

McGlynn, Glisson & Koch, A Professional Law Corporation by Benjamin Paul Mouton, Richard Ray Storms, New Orleans, for Appellant.

Brian D. Landry, Daven M. Hill, Special Assistant Attorneys General, for Appellee.

Before DREW, MOORE & LOLLEY, JJ.

DREW, J.

In this wrongful death and survival action arising out of the death of their son at the Ruston Developmental Center, plaintiffs appeal a judgment granting the exception of prematurity. Finding that plaintiffs' allegations sound in general negligence, and not medical malpractice, we reverse the judgment granting the exception of prematurity and remand.

FACTS

Johnny Ray Leonard, Jr., ("Johnny Ray...

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