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CAMPBELL v. NEXION HEALTH AT CLAIBORNE

No. 49,150-CW.

149 So.3d 436 (2014)

Mary CAMPBELL, Jerry Campbell, Jr. & Jenny Marie Ward, each individually & o/b/o The Estate of their Husband & Father, Jerry Don Campbell, deceased, Plaintiffs-Respondents v. NEXION HEALTH AT CLAIBORNE, INC., d/b/a/ Claiborne Healthcare Center, Defendant-Applicant.

Court of Appeal of Louisiana, Second Circuit.

October 1, 2014.

Attorney(s) appearing for the Case

Caraway LeBlanc, L.L.C., New Orleans, by: Ann Marie LeBlanc , Kathryn M. Caraway , for Applicant.

Law Offices of Gia Kosmitis, APLC, Shreveport, by: Georgia P. Kosmitis , for Respondents.

Before MOORE, PITMAN & GARRETT, JJ.

PITMAN, J.

This is a tort action brought by Plaintiffs, Mary Campbell, Jerry Campbell, Jr. and Jenny Marie Ward, respectively the surviving spouse and children of Jerry Don Campbell, against Defendant, Nexion Health at Claiborne, Inc., d/b/a Claiborne Healthcare Center ("Claiborne Healthcare"), alleging that Jerry Don Campbell died after allegedly choking on a peanut butter sandwich at Claiborne Healthcare. Defendant filed a peremptory exception of no right of action...

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