Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Wright v. State

Court of Appeals of Louisiana, Fourth Circuit

October 31, 2018

JAMAL WRIGHT, ET AL
v.
THE STATE OF LOUISIANA, O/B/ OF JAMIE ALLEYN, M.D., ASHLEY VAN WORMER, M.D., MONIQUE SUTHERLAND, M.D., MEGAN BINA, DO.O AND ASHLEY M. HIRSCH, M.D.

          APPLICATION FOR WRITS DIRECTED TO CIVIL DISTRICT COURT, ORLEANS PARISH NO. 2015-11734, DIVISION "F" Honorable Christopher J. Bruno, Judge.

          Jeff Landry Louisiana Attorney General P. O., Lucie Thornton Assistant Attorney General COUNSEL FOR DEFENDANT/RELATOR.

          Danatus N. King COUNSEL FOR PLAINTIFF/RESPONDENT.

          Court composed of Judge Roland L. Belsome, Judge Daniel L. Dysart, Judge Joy Cossich Lobrano, Judge Tiffany G. Chase, Judge Dale N. Atkins.

          DANIEL L. DYSART JUDGE.

         Drs. 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 manifest error.").

         FACTUAL BACKGROUND

         This medical malpractice matter commenced with the February 27, 2018 filing of a Petition for Damages ("Petition"), after a medical review panel issued its opinion.[1] 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.

         Relators 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.

         DISCUSSION

         Louisiana 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), "[2] as an objection which may be raised by the declinatory exception of "[i]nsufficiency of service of process."

         Under 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 ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.