Donna Boudreaux, wife of and Curtis Boudreaux v. National Union Fire Insurance Company of Pittsburgh, PA, Oceans Behavioral Hospital of Deridder, LLC, Kenneth Smith and Shametha Smith

Louisiana Court of Appeal

Donna Boudreaux, wife of and Curtis Boudreaux v. National Union Fire Insurance Company of Pittsburgh, PA, Oceans Behavioral Hospital of Deridder, LLC, Kenneth Smith and Shametha Smith

Louisiana Court of Appeal·Decided December 7, 2020·No. 2020CW0979, 2020CW0103·Unknown

Opinion

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

DONNA BOUDREAUX, WIFE OF AND NO. 2020 CW 0979 CURTIS BOUDREAUX CONSOLIDATED WITH

VERSUS NO. 2020 CW 1034

NAT I ONAI, UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA, OCEANS BEHAVIORAL HOSPITAL OF DECEMBER 07, 2420 DERIDDER, LLC, KENNETH SMITH AND SHAMETHA SMITH

In Re: Coverys Specialty Insurance Company and Donna Boudreaux, Wife of and Curtis Boudreaux, applying for

supervisory writs, 19t1 i- Judicial District Court, Parish of East Baton Rouge, No. 688371.

BEFORE: HIGGINBOTHAM, THERIOT, AND WOLFE, JJ.

WRIT GRANTED. After a de novo review, accepting as true the allegations set forth in plaintiffs' petition, we conclude that the claims sound in tort and do not fall within the provisions of the Louisiana Medical Malpractice Act. Accordingly, the district court erred in sustaining the defendant' s exception of

prematurity and staying the matter pending a review panel' s

decision. The September 28, 2020 district court judgment is reversed and the exception of prematurity filed by defendant, Oceans Behavioral Hospital of Deridder, LLC, is denied. See Rivera v. Bolden' s Transportation Service, Inc., 2011- 1669 ( La.

App. 1st Cir. 6/ 28/ 12), 97 So. 3d 1096.

TMH MRT

EW

i'La LRJ DEPUTY CLERK OF COURT FOR THE COURT

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STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

DONNA BOUDREAUX, WIFE OF AND NO. 2020 CW 0979 CURTIS BOUDREAUX CONSOLIDATED WITH

VERSUS NO. 2020 CW 1034

NAT I ONAI, UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA, OCEANS BEHAVIORAL HOSPITAL OF DECEMBER 07, 2420 DERIDDER, LLC, KENNETH SMITH AND SHAMETHA SMITH

In Re: Coverys Specialty Insurance Company and Donna Boudreaux, Wife of and Curtis Boudreaux, applying for

supervisory writs, 19t1 i- Judicial District Court, Parish of East Baton Rouge, No. 688371.

BEFORE: HIGGINBOTHAM, THERIOT, AND WOLFE, JJ.

WRIT GRANTED. After a de novo review, accepting as true the allegations set forth in plaintiffs' petition, we conclude that the claims sound in tort and do not fall within the provisions of the Louisiana Medical Malpractice Act. Accordingly, the district court erred in sustaining the defendant' s exception of

prematurity and staying the matter pending a review panel' s

decision. The September 28, 2020 district court judgment is reversed and the exception of prematurity filed by defendant, Oceans Behavioral Hospital of Deridder, LLC, is denied. See Rivera v. Bolden' s Transportation Service, Inc., 2011- 1669 ( La.

App. 1st Cir. 6/ 28/ 12), 97 So. 3d 1096.

TMH MRT

EW

i'La LRJ DEPUTY CLERK OF COURT FOR THE COURT

Donna Boudreaux, wife of and Curtis Boudreaux v. National Union Fire Insurance Company of Pittsburgh, PA, Oceans Behavioral Hospital of Deridder, LLC, Kenneth Smith and Shametha Smith, (La. Ct. App. 2020).

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Donna Boudreaux, wife of and Curtis Boudreaux v. National Union Fire Insurance Company of Pittsburgh, PA, Oceans Behavioral Hospital of Deridder, LLC, Kenneth Smith and Shametha Smith (Donna Boudreaux, wife of and Curtis Boudreaux v. National Union Fire Insurance Company of Pittsburgh, PA, Oceans Behavioral Hospital of Deridder, LLC, Kenneth Smith and Shametha Smith) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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