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EDITH TERRY ET AL v. NOTRE DAME HEALTH SYSTEM WYNHOVEN HEALTH CARE CENTER ET AL (2024)

Supreme Court of Louisiana.2024-02-06No. No. 2023-C-01582

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

Writ application granted. See per curiam.

02/06/24

SUPREME COURT OF LOUISIANA

No. 2023-C-01582

EDITH TERRY, ET AL.

VS.

NOTRE DAME HEALTH SYSTEM D/B/A WYNHOVEN HEALTH CARE CENTER, ET AL.

On Writ of Certiorari to the Court of Appeal, Fifth Circuit, Parish of Jefferson

PER CURIAM

Accepting the facts as alleged in the four corners of the petition and amended petition as true, we find them sufficient to state a cause of action for gross negligence. The lower courts are reversed, and the matter is remanded to the trial court for further proceedings. REVERSED AND REMANDED

Because the writ application was not timely filed, it should not be considered by this court. See Supreme Court Rule X, § 5.

Weimer, C.J., dissents and assigns reasons.

Crain, J., dissents for reasons assigned by Weimer, C.J.

McCallum, J., dissents for reasons assigned by Weimer, C.J.