Hunter v. Louisiana State University Agricultural & Mechanical College Ex Rel. Louisiana Health Care Services Center for University Hospital

Supreme Court of Louisiana

Hunter v. Louisiana State University Agricultural & Mechanical College Ex Rel. Louisiana Health Care Services Center for University Hospital

82 So. 3d 268, 2012 WL 753805, 2012 La. LEXIS 482

CourtSupreme Court of Louisiana

DecidedMarch 9, 2012

Docket2011-C-2841

StatusPublished

Cited by3 cases

This text of 82 So. 3d 268 (Hunter v. Louisiana State University Agricultural & Mechanical College Ex Rel. Louisiana Health Care Services Center for University Hospital) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Hunter v. Louisiana State University Agricultural & Mechanical College Ex Rel. Louisiana Health Care Services Center for University Hospital, 82 So. 3d 268, 2012 WL 753805, 2012 La. LEXIS 482 (La. 2012).

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Opinion

PER CURIAM. *

I,Granted. Relator satisfied the requirements of La.Rev.Stat. § 13:5107 by timely requesting service on the Attorney General. See Burnett v. James Constr. Group, 10-2608, p. 4 (La.7/1/11); 66 So.3d 482, 485. While relator’s petition misidentified the defendant, the petition provides sufficient information to notify defendant of the action. Cf. Ray v. Alexandria Mall, 434 So.2d 1083, 1087 (La.1983). Although relator did not satisfy the service requirements of La.Rev.Stat. § 39:1538, the appellate court erred in dismissing the action, rather than permitting relator an opportunity to cure the defect by serving the Office of Risk Management and the Chairman of the LSU Board of Supervisors. See Burnett, 10-2608 at p. 5; 66 So.3d at 485; Whitley v. State, Bd. of Supervisors of Louisiana State Univ. Agric. Mech College, 11-0040, p. 18 (La.7/1/11); 66 So.3d 470, 481. Therefore, we reverse the judgment of the court of appeal dismissing relator’s claims without prejudice and remand to the district court for further proceedings consistent with this order.

*

Chief Justice Kimball not participating in the-opinion.

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PER CURIAM. *

I,Granted. Relator satisfied the requirements of La.Rev.Stat. § 13:5107 by timely requesting service on the Attorney General. See Burnett v. James Constr. Group, 10-2608, p. 4 (La.7/1/11); 66 So.3d 482, 485. While relator’s petition misidentified the defendant, the petition provides sufficient information to notify defendant of the action. Cf. Ray v. Alexandria Mall, 434 So.2d 1083, 1087 (La.1983). Although relator did not satisfy the service requirements of La.Rev.Stat. § 39:1538, the appellate court erred in dismissing the action, rather than permitting relator an opportunity to cure the defect by serving the Office of Risk Management and the Chairman of the LSU Board of Supervisors. See Burnett, 10-2608 at p. 5; 66 So.3d at 485; Whitley v. State, Bd. of Supervisors of Louisiana State Univ. Agric. Mech College, 11-0040, p. 18 (La.7/1/11); 66 So.3d 470, 481. Therefore, we reverse the judgment of the court of appeal dismissing relator’s claims without prejudice and remand to the district court for further proceedings consistent with this order.

*

Chief Justice Kimball not participating in the-opinion.

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Bluebook (online)

82 So. 3d 268, 2012 WL 753805, 2012 La. LEXIS 482, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hunter-v-louisiana-state-university-agricultural-mechanical-college-ex-la-2012.

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