HAMILTON v. BATON ROUGE HEALTH CARE

No. 2009 CW 0849R.

52 So.3d 330 (2010)

Janice HAMILTON, Individually and as The Surviving Child of, Nettie Hamilton v. BATON ROUGE HEALTH CARE.

Court of Appeal of Louisiana, First Circuit.

December 8, 2010.


Attorney(s) appearing for the Case

Tom Withers, III , Baton Rouge, Louisiana, for Plaintiff/Respondent, Janice Hamilton.

C. Blair Bright , New Orleans, Louisiana, for Defendant/Relator, Baton Rouge Health Care Center.

Before WHIPPLE, GAIDRY, McCLENDON, HUGHES, and KLINE, JJ.


GAIDRY, J.

The relator, a nursing home operator, applies for supervisory writs, based upon the district court's overruling of its dilatory exception of prematurity. For the following reasons, we grant the writ, reverse the trial court's judgment, and dismiss the respondent's cause of action without prejudice on the grounds of prematurity.

FACTS AND PRIOR PROCEEDINGS

This is a wrongful death and survival action brought by Janice Hamilton (plaintiff...

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