Supreme Court of Louisiana, 2003

Brown ex rel. Brown v. State, Department of Health & Hospitals

Supreme Court of Louisiana · Decided February 14, 2003 · Calogero, From, Reasons, Writ

841 So. 2d 747; 2003 La. LEXIS 398; 2003 WL 329049 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

State v. Sampson (La. 2003)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Dissenting Opinion

CALOGERO, Chief Justice,

dissents from the denial of the writ and assigns reasons.

I would grant the writ and have the court determine whether this matter is distinguishable from LeBreton v. Rabito, 97-2221 (La.7/8/98), 714 So.2d 1226, in the respect that here the wrongful death action remained in place and had not been dismissed when the medical review panel was sought just short of two years after the incident. If the majority were to find that such is not a relevant distinction, I would reverse this court’s opinion in Le-Breton for the reasons assigned in my dissent in that case.

Opinion of the Court

In re Brown, Ethel on behalf of; Brown, Craig; — Plaintiffis); Applying for Supervisory and/or Remedial Writs, Parish of Plaquemines, 25th Judicial District Court Div. A, Nos. 43-881; to the Court of Appeal, Fourth Circuit, No. 2002-C-0812.

Denied.

CALOGERO, C.J., Dissents from the denial of the writ and assigns reasons.

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