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RICHARD v. NOTRE DAME HEALTH SYSTEM

NO. 2022-CA-0800.

368 So.3d 671 (2023)

Lisa RICHARD, Brenda Lemoine, Lori Gutierrez, Richard Troxclair and David Troxclair Individually and on Behalf of Sylvia Troxclair (Deceased), v. NOTRE DAME HEALTH SYSTEM and Chateau De Notre Dame Facilities Corporation d/b/a Our Lady of Wisdom Health Care Center, John Doe, and ABC Insurance Company.

Court of Appeal of Louisiana, Fourth Circuit.

May 31, 2023.

Attorney(s) appearing for the Case

Jacques F. Bezou , Jacques F. Bezou, Jr. , Payton S. Lachney , BEZOU LAW FIRM, 534 E. Boston Street, Covington, LA 70433, COUNSEL FOR PLAINTIFF/APPELLANT.

Lorraine P. McInnis , BERRIGAN LITCHFIELD, LLC, 111 Veterans Memorial Boulevard, Suite 1720, Metairie, LA 70005, COUNSEL FOR DEFENDANT/APPELLEE.

(Court composed of Judge Roland L. Belsome, Judge Joy Cossich Lobrano, Judge Tiffany Gautier Chase).

Judge Joy Cossich Lobrano

This is a claim against a nursing home. Plaintiffs/appellants, Lisa Richard, Brenda Lemoine, Lori Gutierrez, Richard Trox-clair, and David Troxclair (collectively, the "Troxclairs"), appeal the September 13, 2023 judgment of the district court, which granted an exception of prematurity in favor of Notre Dame Health System and Chateau de Notre Dame Facilities Corporation d/b/a Our Lady of Wisdom Health Care (the "Nursing Home...

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