Miller v. Crescent City Health Care Center

hi respectfully concur in the majority’s ruling that the peremptory exception of prescription filed by the defendant/appel-lee, Crescent City Health Services (“Crescent City”), was properly sustained by the trial court. I state my reasoning infra. However, I respectfully dissent from the majority’s ruling that overrules Crescent City’s dilatory exception of prematurity.

My review of the record establishes the facts of this case to be as follows:

This case arises out a claim filed by John Miller (“Miller”) against Crescent City, alleging that it provided improper care to Vivian Miller…