APPLICATION FOR WRITS DIRECTED TO CIVIL DISTRICT COURT,
ORLEANS PARISH NO. 2015-11734, DIVISION "F"
Honorable Christopher J. Bruno, Judge.
Landry Louisiana Attorney General P. O., Lucie Thornton
Assistant Attorney General COUNSEL FOR DEFENDANT/RELATOR.
Danatus N. King COUNSEL FOR PLAINTIFF/RESPONDENT.
composed of Judge Roland L. Belsome, Judge Daniel L. Dysart,
Judge Joy Cossich Lobrano, Judge Tiffany G. Chase, Judge Dale
L. DYSART JUDGE.
Jaime Alleyn, Monique Sutherland, Ashley Van Wormer, Megan
Bina, and Ashley Martin Hirsch (hereafter,
"Relators"), seek review of the trial court's
August 24, 2018 judgment denying their declinatory exceptions
of insufficiency of citation and insufficiency of service of
process. We find that the trial court's judgment is
manifestly erroneous. See Davis v. Caraway, 14-264,
pp. 4-5 (La.App. 5 Cir. 10/29/14), 164 So.3d 223, 225
("[t]he standard of review for an appellate court
regarding an exception of insufficient service of process is
medical malpractice matter commenced with the February 27,
2018 filing of a Petition for Damages ("Petition"),
after a medical review panel issued its
opinion. Service of the Petition was requested
on each of the Relators, individually, at various addresses
in New Orleans, Louisiana (with the exception of Dr. Van
Wormer, for whom service of process was requested in Gretna.
Louisiana). In response to the Petition, Relators filed
declinatory exceptions of insufficiency of citation and
service of process. A hearing was held on the exceptions on
August 9, 2018 and by judgment dated August 24, 2018, the
trial court denied the exceptions.
filed a notice of intent to file an application for a
supervisory writ with this Court and a return date of October
24, 2018 was provided. This application was timely filed on
September 24, 2018.
Code of Civil Procedure article 925 provides that objections
which may be raised through the declinatory exception include
the objection of insufficiency of citation and insufficiency
of service. Subpart A (2) specifically includes the
"failure to request service of citation on the defendant
within the time prescribed by Article 1201(C),
" as an objection which may be raised by
the declinatory exception of "[i]nsufficiency of service
La. R.S. 39:1538:
(1) Claims against the state or any of its agencies to
recover damages in tort for money damages against the state
or its agencies for . . . personal injury, or death caused by
the negligent or wrongful act or omission of any employee of
the agency while acting within the scope of his office or
employment under circumstances in which the state or such
agency, if a private person, would be liable to the claimant
in accordance with the general laws of this state, may be
prosecuted in accordance with the provisions specified in
this Chapter. . . .
(4) In actions brought pursuant to this Section, process
shall be served upon the head of the department concerned,
the office of risk management, and the attorney general, as