Gregory Terry Brooks a_k_a Gregory T. Brooks a_k_a Greg Brooks, Jr. v. Louisiana State University and Agricultural and Mechanical College

GREGORY TERRY BROOKS A/ K/ A NO. 2025 CW 0844
GREGORY T. BROOKS A/ K/ A GREG
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BROOKS, JR.

VERSUS

LOUISIANA STATE UNIVERSITY
AND AGRICULTURAL AND
MECHANICAL COLLEGE A/ K/ A
LOUISIANA STATE UNIVERSITY,
BOARD OF SUPERVISORS OF
LOUISIANA STATE UNIVERSITY
AGRICULTURAL AND MECHANICAL
COLLEGE AND OUR LADY OF THE
LAKE REGIONAL MEDICAL
CENTER
OCTOBER 23, 2025

In Re: Louisiana State
University and Agricultural and

Mechanical College A/ K/ A Louisiana State University, The
Board of Supervisors of Louisiana State University and
Agricultural and Mechanical College, and Owen Stanley,
applying for supervisory writs, 19th Judicial District
Court, Parish of East Baton Rouge, No. 751840.

BEFORE: THERIOT, PENZATO, AND BALFOUR, JJ.

WRIT GRANTED. The district court' s June 12, 2025 judgment

which overruled the exception of prematurity filed by defendants,
Louisiana State University and Agricultural and Mechanical College
a/ k/ a Louisiana State University, Board of Supervisors of

Louisiana State University Agricultural and Mechanical College,

and Owen Stanley, is reversed in part. Defendants introduced into
evidence certificates of qualification for Louisiana State

University and Owen Stanley issued by the State of Louisiana,
Medical Review Panel, Division of Administration, stating both
qualify as a state health care provider under the provisions of
La. R. S. 40: 1237. 2, which constitutes prima facie evidence. Batson
v. S. Louisiana Med. Ctr., 2002- 2381 ( La. App. 1st Cir. 6/ 27/ 03),
858 So. 2d 653, 660, writ denied, 2003- 2077 ( La. 11/ 5/ 03), 857 So. 2d
490. Moreover, we find the allegations made by plaintiff against
these defendants center on acts which were performed or should

have been performed in connection with plaintiff' s medical

treatment, thereby constituting " health care" as defined by La.
R. S. 40: 1237. 1( 3), and in turn, the definition of " malpractice"

therein. However, we note the parties and the court agreed, in
open court, that three of the claims constitute tort claims and

did not constitute claims of malpractice and would remain in
district court, which were described as the claims related to the
funds raised, the name, image and likeness, and the " hero" award.

The exception of prematurity filed by defendants, Louisiana State
University and Agricultural and Mechanical College a/ k/ a Louisiana
State University, Board of Supervisors of Louisiana State
University Agricultural and Mechanical College, and Owen Stanley,

A k, A

NO. 2025 CW 0844

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is granted in part, and with the exception of the three claims

stipulated by the parties as remaining in district court,

plaintiff' s remaining claims against these defendants are

dismissed, without prejudice.

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