Murphy Webb v. Acadian Ambulance Service, Inc., and its insurer, TUV Insurance Company, Our Lady of the Lake Hospital, Inc., and its insurer, XYZ Insurance Company
2022CW0010
| La. Ct. App. | May 20, 2022
Case Information

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Office Of The Clerk

Court of Appeal, First Circuit

State of Louisiana www.la-leck.org

Notice of Judgment and Disposition

May 20, 2022 Docket Number: 2022 - CW - 0010 Murphy Webb versus Acadian Ambulance Service, Inc., and its insurer, TUV Insurance Company, Our Lady of the Lake Hospital, Inc., and its insurer, XYZ Insurance Company

| TO: | Alexa Candelora | Tiffany Myles Crosby | | :-- | :-- | :-- | | | P.O. Box 3197 | 23445 Railroad Avenue | | | Baton Rouge, LA | Plaquemine, La 70764 | | | 70821-3197 | | | | | Patricia Penny Wattigny | | | | 328 Settlers Trace Blvd | | | | Lafayette, LA 70508 | | | | | | | Baton Rouge, LA 70821 | | | | ttt@bswllp.com | Hon. Ronald R. Johnson | | | | 300 North Boulevard | | | Jason E. Wilson | Suite 6401 | | | 328 Settlers Trace Blvd. | Baton Rouge, LA 70801 | | | Lafayette, LA 70508 | |

In accordance with Local Rule 6 of the Court of Appeal, First Circuit, I hereby certify that this notice of judgment and disposition and the attached disposition were transmitted this date to the trial judge or equivalent, all counsel of record, and all parties not represented by counsel. A S A D RODO NAQUIN CLERK OF COURT

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STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT

MURPHY WEBB NO. 2022 CW 0010 VERSUS ACADIAN AMBULANCE SERVICE, INC., AND ITS INSURER, TUV INSURANCE COMPANY, OUR LADY OF THE LAKE HOSPITAL, INC., AND ITS INSURER, XYZ INSURANCE COMPANY STATE OF LOUISIANA

In Re: Our Lady of the Lake Hospital, Inc., applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 700012.

BEFORE: McDONALD, LANIER, AND WOLFE, JJ. WRIT GRANTED. The Louisiana Medical Malpractice Act's definition of medical malpractice includes claims related to "the handling of a patient, including loading and unloading of a patient." La. R.S. 40:1231.1A(13). The claims of the plaintiff, Murphy Webb, of being injured by the personnel of the defendant, Our Lady of the Lake Hospital, Inc., while restraining him in order to transfer him from one medical facility to another sound in medical malpractice and must be presented to a medical review panel before suit is filed. See La. R.S. 40:1231.8A(1)(a). The district court erred in denying the exception of prematurity filed by the defendants. Therefore, we reverse the district court's January 27, 2022 judgment and grant the exception. Plaintiff's claims against Our Lady of the Lake Hospital, Inc. are dismissed without prejudice.

JMM WIL EW

COURT OF APPEAL, FIRST CIRCUIT