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 ( 2020 )

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
COURT OF APPEAL, FIRST CIRCUIT
i'La LRJ
DEPUTY CLERK OF COURT
FOR THE COURT