Opinion
2023-C-00778
10-31-2023
DENNIS GIBSON, INDIVIDUALLY AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED v. NATIONAL HEALTHCARE OF LEESVILLE, INC., D/B/A BYRD REGIONAL HOSPITAL
IN RE: National Healthcare of Leesville, Inc., d/b/a Byrd Regional Hospital -Applicant Defendant; Applying For Writ Of Certiorari, Parish of Vernon, 30th Judicial District Court Number(s) 93,228 B, Court of Appeal, Third Circuit, Number(s) 21-369 C/W 21-757;
Writ application denied.
JDH
JLW
JTG
PDG
Crichton, J., would grant and docket and assigns reasons.
Crain, J., would grant and docket.
McCallum, J., would grant and docket.
Crichton, J., would grant and docket and assigns reasons.
In accordance with the Court's opinion in DePhillips v. Hospital Services District No. 1 of Tangipahoa Parish, 19-1496 (La. 7/9/20), 340 So.3d 817, I would grant and docket this writ. See id., 19-1496, p.11, 340 So.3d at 824-825 . ("[P]laintiff cannot circumvent the one-year prescriptive period applicable to his claims where the underlying duty is statutory. The mere fact that the circumstances arose in the context of a contractual relationship does not make the cause of action contractual.") (quotation marks and citations omitted).