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