STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT CLIFTON THOMASSIE, III, NO. 2019 CW 0806 CHRISTOPHER THOMASSIE, FRAN THOMASSIE, AND NICOLE THOMASSIE, INDIVIDUALLY AND ON BEHALF OF THEIR FATHER, CLIFTON THOMASSIE, JR.

VERSUS

TONYA JAGNEAUX, M. D., STATE OF LOUISIANA THROUGH THE LSU NOV 12 2019 HEALTH SYSTEM AND BATON ROUGE GENERAL MEDICAL CENTER

In Re: Baton Rouge General Medical Center, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rcuge, No. 624421.

BEFORE: WHIPPLE! C. J., GUIDRY AND CRAIN, JJ.

WRIT DENIED. The criteria set forth in Herlitz Construction Company, Inc. v. Hotel Investors of New Iberia, Inc., 396 So. 2d 878 ( La. 1981) ( per curiam), are not met.

VGW JMG

Crain, J., dissents and would remand this matter to the trial court for a on the Motion for Partial ruling Summary Judgment filed on behalf of Baton Rouge General Medical Center.

COURT OF APPEAL, FIRST CIRCUIT

DEPUTY CLERK OF COURT FOR THE COURT