James v. Hodges

Supreme Court of Louisiana

James v. Hodges

623 So. 2d 1317, 1993 La. LEXIS 2570, 1993 WL 364324

CourtSupreme Court of Louisiana

DecidedSeptember 17, 1993

DocketNo. 93-CC-1443

StatusPublished

This text of 623 So. 2d 1317 (James v. Hodges) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

James v. Hodges, 623 So. 2d 1317, 1993 La. LEXIS 2570, 1993 WL 364324 (La. 1993).

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Opinion

In re Women’s & Children’s Hospital;— Defendant(s); applying for writ of certiorari and/or review, supervisory and/or remedial writs; Parish of Lafayette, 15th Judicial District Court, Div. “E”, No. 92-3699; to the Court of Appeal, Third Circuit, No. CW93-0295.

Granted. Judgment of the trial court denying the exception of prematurity is reversed. The allegations of plaintiffs petition fall within the scope of the medical malpractice act. Accordingly, the exception of prematurity is sustained, and the case remanded to the trial court with instructions to dismiss plaintiffs suit as premature. La.R.S. 40:1299.47(B); Code Civ.P. art. 933.

DENNIS, J., would deny and dissents from the Court’s summary action and opinion. WATSON, J., not on panel.

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In re Women’s & Children’s Hospital;— Defendant(s); applying for writ of certiorari and/or review, supervisory and/or remedial writs; Parish of Lafayette, 15th Judicial District Court, Div. “E”, No. 92-3699; to the Court of Appeal, Third Circuit, No. CW93-0295.

Granted. Judgment of the trial court denying the exception of prematurity is reversed. The allegations of plaintiffs petition fall within the scope of the medical malpractice act. Accordingly, the exception of prematurity is sustained, and the case remanded to the trial court with instructions to dismiss plaintiffs suit as premature. La.R.S. 40:1299.47(B); Code Civ.P. art. 933.

DENNIS, J., would deny and dissents from the Court’s summary action and opinion. WATSON, J., not on panel.

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Bluebook (online)

623 So. 2d 1317, 1993 La. LEXIS 2570, 1993 WL 364324, Counsel Stack Legal Research, https://law.counselstack.com/opinion/james-v-hodges-la-1993.