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Jane Doe, Individually and John Doe, Individually and as Natural Tutor for the Minor Child, J.D. v. Walt Disney Parks and Resorts US, Inc., Walt Disney Travel Co., Inc., Wicker, Smith, O'Hara, McCoy & Ford, P.A., Jones Walker, LLP, and Steven D. Felix
STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT
INDIVIDUALLY AND
NO. 2020 CW 0727
JANE DOE,
JOHN DOE, INDIVIDUALLY AND
AS NATURAL TUTOR FOR THE
MINOR CHILD J. D.
VERSUS
WALT DISNEY PARKS AND
RESORT, US, INC., WALT
DISNEY TRAVEL CO., INC.,
SMITH, O' HARA, MCCOY
WICKER, OCTOBER 21, 2020
FORD, P. A., JONES WALKER,
LLP, AND STEVEN D. FELIX
Steven D. Felix, M. D., applying for supervisory writs, In Re: Court, Parish of East Baton 19th Judicial District
Rouge, No. 688984.
HOLDRIDGE, LANIER, AND WOLFE, JJ.
BEFORE: HIGGINBOTHAM, THERIOT,
de novo review, we find the action WRIT GRANTED. After a
Nineteenth Judicial District brought against Dr. Felix in the submitted to court is premature as it was filed prior to being medical review panel. La. R. S. and determined by a
to the allegations found in the 40: 1231. 8 ( B) ( 1) ( a) ( i) . Looking against Dr. Felix are claims petition, we find the allegations
for lack of consent and dereliction of professional skill during allegations that fall within the Medical treatment, which are
96- 1575 ( La. 10/ 10/ 97), Malpractice Act. Lugenbuhl v. Dowling, See also Wilson v. Landry ex rel., 98- 2365
701 So. 2d 447, 453 .
748 So. 2d 655 , writ denied sub La. ist Cir. 12/ 28/ 99), App. T. W. 2000- 0260 ( La. 3/ 24/ 00), nom., Wilson ex rel. v. Landry, 40: 1157. 1. Therefore, this writ is
758 So. 2d 155 ; La. R. S. judgment Dr. Felix' s granted, the July 27, 2020 denying the exception of exception of prematurity is reversed,
Felix, M. D. is sustained, and the prematurity filed by Steven D. filed the Does are dismissed without claims against him by prejudice.
TMH MRT
GH WIL
Wolfe, J., dissents and would deny the writ.
COURT OF APPEAL, FIRST CIRCUIT
D UTY C R F COURT
FOR THE COURT
