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Castille v. Louisiana Medical Mutual Ins. Co.

Court of Appeals of Louisiana, Third Circuit

November 5, 2014

LATOYA CASTILLE, INDIVIDUALLY
v.
LOUISIANA MEDICAL MUTUAL INS. CO., ET AL

Page 615

APPEAL FROM THE THIRTY-FIRST JUDICIAL DISTRICT COURT, PARISH OF JEFFERSON DAVIS, NO. 73813. HONORABLE CRAIG STEVE GUNNELL, DISTRICT JUDGE.

Marc W. Judice, Judice & Adley, Lafayette, LA, COUNSEL FOR: Defendants/Appellees -- G. Vincent Bailey, M.D. and Bailey & Elias Obstetrical Care, L.L.C.

Charles Henry Munsterman, Alexandria, LA, COUNSEL FOR: Plaintiff/Appellant -- Latoya Castille, Individually.

Rene Joseph Pfefferle, Watson, Blanche, Wilson & Posner, Baton Rouge, LA, COUNSEL FOR: Defendants/Appellees -- Louisiana Medical Mutual Ins. Co. and Jennings American Legion Hospital.

Jordan Z. Taylor, Townsley Law Firm, Lake Charles, LA, COUNSEL FOR: Plaintiff/Appellant - Latoya Castille, Individually.

Court composed of Ulysses Gene Thibodeaux, Chief Judge, John D. Saunders, and Billy Howard Ezell, Judges.

OPINION

Page 616

[14-519 La.App. 3 Cir. 1] THIBODEAUX, Chief Judge.

In this medical malpractice case, Latoya Castille appeals the trial court's grant of several medical providers' peremptory exceptions of no cause of action as to her claim for bystander damages under La.Civ.Code art. 2315.6. Defendants filed the

Page 617

exceptions in response to Ms. Castille's petition for damages contending their negligence in prenatal care and delivery of her infant caused the infant's harm and eventual death. In her petition, Ms. Castille sought wrongful death, survival, bystander, and incidental damages. On appeal, Ms. Castille claims the wrongful death, survival, and bystander claims constitute one cause of action so that partial judgment as to only her bystander claim was improper. She further asserts her petition set forth a valid bystander claim. Because we find that Ms. Castille's petition fails to state a cause of action for bystander relief but that factual deficiencies in the petition warrant its amendment, we affirm and remand.

I.

ISSUES

We must ...


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