Legal Opinion
Hamilton v. Baton Rouge Health Care
Louisiana Court of Appeal
Decided December 8, 2010No. 2009 CW 0849RPublishedCited by 9 opinions
1Opinion of the CourtGaidry, J.
|2The relator, a nursing home operator, applies for supervisory writs, based upon the district court’s overruling of its dilatory exception of prematurity. For the following reasons, we grant the writ, reverse the trial court’s judgment, and dismiss the respondent’s cause of action without prejudice on the grounds of prematurity.
FACTS AND PRIOR PROCEEDINGS
This is a wrongful death and survival action brought by Janice Hamilton (plaintiff), the surviving daughter of Nettie Win-field, a former resident of Baton Rouge Health Care Center (the Center), a nursing home in Baker, Louisiana. Ms.…
2Cases cited15 opinions
- Coleman v. DenoSupreme Court of Louisiana · 2002
- Fitzgerald v. TuckerSupreme Court of Louisiana · 1999
- Spradlin v. Acadia-St. Landry Med. Found.Supreme Court of Louisiana · 2000
- LaCoste v. Pendleton Methodist Hosp.Supreme Court of Louisiana · 2007
- Richard v. Louisiana Extended Care CentersSupreme Court of Louisiana · 2003
10 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Rivera v. Bolden's Transportation Service, Inc.Louisiana Court of Appeal · 2012
- Armand v. Lady of the Sea General HospitalLouisiana Court of Appeal · 2011
- Dutrey v. Plaquemine Manor Nursing HomeLouisiana Court of Appeal · 2013
- Bonilla v. Jefferson Parish Hospital Service District 2Louisiana Court of Appeal · 2016
- Porter v. Southern Oaks Nursing & Rehabilitation Center, LLCLouisiana Court of Appeal · 2015
4 more not listed; retrieve them via the Exa API.