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MAY v. DIVERSIFIED HEALTHCARE-ABBEVILLE

21-744.

339 So.3d 675 (2022)

Kathleen MAY, et al., v. DIVERSIFIED HEALTHCARE-ABBEVILLE, LLC, et al.

Court of Appeal of Louisiana, Third Circuit.

May 11, 2022.

Attorney(s) appearing for the Case

Brady Dean King, II , McNew, King & Landry, LLP, 2400 Forsythe Ave., Suite 2, Monroe, LA 71201, (318) 361-3140 COUNSEL FOR INTERVENOR-APPELLEE: Louisiana Patient's Compensation Fund.

Troy Allen Broussard , Allen & Gooch, P. O. Drawer 81129, 2000 Kaliste Saloom Rd, Ste 400, Lafayette, LA 70598, (337) 291-1370, COUNSEL FOR DEFENDANTS-APPELLEES: Diversified Healthcare-Abbeville, LLC et al, Brett Bernard.

Scott Webre , Whitney S. Ikerd , Webre and Associates, 2901 Johnston St., Suite 300, Lafayette, LA 70503, (337) 237-5051, COUNSEL FOR PLAINTIFFS-APPELLANTS: Kathleen May Jason Landry, Dale Landry, Janet Hebert, Wendy Lopex, Todd Landry, Elaine Hebert, Karen Romero, Chad Landry, Jenny Menard.

Court composed of Elizabeth A. Pickett, John E. Conery, J. W. Perry, Charles Fitzgerald and J. Larry Vidrine, Judges.

Plaintiffs-Appellants, the adult children of decedent, appeal the trial court's judgment sustaining a nursing home's dilatory exception on grounds of prematurity.

For the following reasons, we conclude that the nursing home, on the record presented, did not discharge its burden of establishing that the...

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