ENCALADE v. WEST JEFF. MED. CTR. AMBULANCE

No. 09-CA-355.

28 So.3d 1116 (2009)

Lisa ENCALADE, individually and on behalf of Norbert Encalade's Estate, Jan Villa, Irene Encalade, Norbert Encalade, Jr. and Maria Encalade v. WEST JEFFERSON MEDICAL CENTER AMBULANCE SERVICE, Gerald Carter, City of Lafitte, and Jefferson Parish.

Court of Appeal of Louisiana, Fifth Circuit.

November 24, 2009.


Attorney(s) appearing for the Case

Leo J. Palazzo, David D. Bravo, Gretna, Louisiana, for Appellants, Lisa Encalade, Jan Villa, Irene Encalade, Norbert Encalade, Jr. and Maria Encalade

Peter J. Butler, Jr., Richard G. Passler, Michael C. Luquet, Lydia Habliston Toso, New Orleans, Louisiana, for Appellees, Jefferson Parish Hospital District No. 1 d/b/a West Jefferson Medical Center and Gerald Carter.

Panel composed of Judges MARION F. EDWARDS, SUSAN M. CHEHARDY, and MARC E. JOHNSON.


SUSAN M. CHEHARDY, Judge.

On appeal, plaintiffs seek review of the trial court judgment maintaining defendants' exception of prematurity. For the following reasons, we affirm that judgment.

Facts

Late on the evening of March 4, 2008, Norbert Encalade began having chest pain and difficulty breathing. At 11:28 p.m., his wife called 911 to request emergency medical assistance. In response, the dispatcher sent an ambulance from the West Jefferson...

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