GREGORY TERRY BROOKS A/ K/ A NO. 2025 CW 0844 GREGORY T. BROOKS A/ K/ A GREG PAGE 1 OF 2 BROOKS, JR.

VERSUS

LOUISIANA STATE UNIVERSITY AND AGRICULTURAL AND MECHANICAL COLLEGE A/ K/ A LOUISIANA STATE UNIVERSITY, BOARD OF SUPERVISORS OF LOUISIANA STATE UNIVERSITY AGRICULTURAL AND MECHANICAL COLLEGE AND OUR LADY OF THE LAKE REGIONAL MEDICAL CENTER OCTOBER 23, 2025

In Re: Louisiana State University and Agricultural and Mechanical College A/ K/ A Louisiana State University, The Board of Supervisors of Louisiana State University and Agricultural and Mechanical College, and Owen Stanley, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 751840.

BEFORE: THERIOT, PENZATO, AND BALFOUR, JJ.

WRIT GRANTED. The district court' s June 12, 2025 judgment which overruled the exception of prematurity filed by defendants, Louisiana State University and Agricultural and Mechanical College a/ k/ a Louisiana State University, Board of Supervisors of Louisiana State University Agricultural and Mechanical College, and Owen Stanley, is reversed in part. Defendants introduced into evidence certificates of qualification for Louisiana State University and Owen Stanley issued by the State of Louisiana, Medical Review Panel, Division of Administration, stating both qualify as a state health care provider under the provisions of La. R. S. 40: 1237. 2, which constitutes prima facie evidence. Batson v. S. Louisiana Med. Ctr., 2002- 2381 ( La. App. 1st Cir. 6/ 27/ 03), 858 So. 2d 653, 660, writ denied, 2003- 2077 ( La. 11/ 5/ 03), 857 So. 2d 490. Moreover, we find the allegations made by plaintiff against these defendants center on acts which were performed or should have been performed in connection with plaintiff' s medical treatment, thereby constituting " health care" as defined by La. R. S. 40: 1237. 1( 3), and in turn, the definition of " malpractice" therein. However, we note the parties and the court agreed, in open court, that three of the claims constitute tort claims and did not constitute claims of malpractice and would remain in district court, which were described as the claims related to the funds raised, the name, image and likeness, and the " hero" award.

The exception of prematurity filed by defendants, Louisiana State University and Agricultural and Mechanical College a/ k/ a Louisiana State University, Board of Supervisors of Louisiana State University Agricultural and Mechanical College, and Owen Stanley, A k, A

NO. 2025 CW 0844

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is granted in part, and with the exception of the three claims stipulated by the parties as remaining in district court, plaintiff' s remaining claims against these defendants are dismissed, without prejudice.