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821 So. 2d 481

Docket No. 2002-C-0902.

White v. Beauregard Memorial Hosp.

Teresa Lewis WHITE v. BEAUREGARD MEMORIAL HOSPITAL, et al.

Supreme Court of Louisiana

Decided June 14, 2002.

Supreme Court of Louisiana · decided 2002-06-14

Cited by 7 later decisions — most recently November 2009

7 state decisions

Key passage — most relied on by later courts

“Granted. In Underwood v. Lane Memorial Hospital, 97-1997, at p. 5 (La.7/8/98), 714 So.2d 715, 718 , we held that the use of the word “shall” in La. Rev.Stat. 13:5104(B) “indicates a legislative intent that a single political subdivision can be sued only in one of the two specified parishes and that no other exceptions are applicable.” The court of appeal therefore erred in applying La. Code Civ. Proc. art. 73 to this case. Accordingly, the judgments of the trial court and court of appeal are reversed. The matter is remanded to the trial court which is instructed to grant defendant’s motion of improper venue.”

quoted by 2 later decisions, including 25 So. 3d 711 - Black v. St. Tammany Parish Hospital, 5 So. 3d 187 - Ealem v. Prevost Memorial Hospital

Relies on 714 So. 2d 715 - Underwood v. Lane Memorial Hosp.

Good law ✅— No negative treatment on recordhow we know

Decided 2002-06-14

View the full empirical analysis of this case →

¶1PER CURIAM.

¶2GRANTED. In Underwood v. Lane Memorial Hospital, 97-1997, at p. 5 (La.7/8/98), 714 So.2d 715, 718, we held that the use of the word "shall" in La.Rev. Stat. 13:5104(B) "indicates a legislative intent that a single political subdivision can be sued only in one of the two specified parishes and that no other exceptions are applicable." The court of appeal therefore erred in applying La.Code Civ. Proc. art. 73 to this case. Accordingly, the judgments of the trial court and court of appeal are reversed. The matter is remanded to the trial court which is instructed to grant defendant's motion of improper venue.

¶3DECREE: REVERSED AND REMANDED.

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