DENNIS GIBSON INDIVIDUALLY AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED v. NATIONAL HEALTHCARE OF LEESVILLE INC BYRD REGIONAL HOSPITAL (2023)

Writ application denied.

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).

Crichton, J., would grant and docket and assigns reasons. Crain, J., would grant and docket. McCallum, J., would grant and docket.