Rodd Naquin Clerk of Court Docket Number: 2022 - CW - 0010 Murphy Webb versus Office Of The Clerk Court of Appeal, First Circuit State of Louisiana www.la-feca.org Notice of Judgment and Disposition May 20, 2022 Acadian Ambulance Service, Inc., and its insurer, TUV Insurance Company, Our Lady of the Lake Hospital, Inc., and its insurer, XYZ Insurance Company TO: Alexa Candelora P.O. Box 3197 Baton Rouge, LA 70821-3197 Thomas R. Temple Jr. BREAZEALE, SACHSE & W P.O. Box 3197 Baton Rouge, LA 70821 trt@bswllp.com Jason E. Wilson 328 Settlers Trace Blvd. Lafayette, LA 70508 Tiffany Myles Crosby 23445 Railroad Avenue Plaquemine, La 70764 Patricia Penny Wattigny 328 Settlers Trace Blvd Lafayette, LA 70508 Hon. Ronald R. Johnson 300 North Boulevard Suite 6401 Baton Rouge, LA 70801 Post Office Box 4408 Baton Rouge, LA 70821-4408 (225) 382-3000 In accordance with Local Rule 6 of the Court of Appeal, First Circuit, I hereby certify that this notice of judgment and disposition and the attached disposition were transmitted this date to the trial judge or equivalent, all counsel of record, and all parties not represented by counsel. asa) RODD NAQUIN CLERK OF COURT STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT MURPHY WEBB NO. 2022 CW 0010 VERSUS ACADIAN AMBULANCE SERVICE, INC., AND ITS INSURER, TUV INSURANCE COMPANY, OUR LADY OF THE LAKE HOSPITAL, INC., AND ITS INSURER, XYZ INSURANCE COMPANY STATE OF LOUISIANA MAY 20, 2022 In Re: Our Lady of the Lake Hospital, Inc., applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 700012. BEFORE : McDONALD, LANIER, AND WOLFE, JJ. WRIT GRANTED. The Louisiana Medical Malpractice Act’s definition of medical malpractice includes claims related to “the handling of a patient, including loading and unloading of a patient.” La. R.S. 40:1231.1A(13). The claims of the plaintiff, Murphy Webb, of being injured by the personnel of the defendant, Our Lady of the Lake Hospital, Inc., while restraining him in order to transfer him from one medical facility to another sound in medical malpractice and must be presented to a medical review panel before suit is filed. See La. R.S. 40:1231.8A(1) (a). The district court erred in denying the exception of prematurity filed by the defendants. Therefore, we reverse the district court’s January 27, 2022 judgment and grant the exception. Plaintiff’s claims against Our Lady of the Lake Hospital, Inc. are dismissed without prejudice. JMM WIL EW COURT OF APPBAL, FIRST CIRCUIT Ac | DEPUTY CLERK OF COURT FOR THE COURT