Washington v. Fustok
This text of 797 So. 2d 56 (Washington v. Fustok) 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.
Opinion
Quinzetta WASHINGTON
v.
Dr. Mohamed FUSTOK, West Jefferson Medical Center and Valley Lab, Inc.
Supreme Court of Louisiana.
Granted. Plaintiff's premature suit did not interrupt prescription. LeBreton v. Rabito, 97-2221 (La.7/8/98), 714 So.2d 1226. Moreover, the application indicates plaintiff's request for medical review panel was filed more than one year from the date of the alleged malpractice. As a result, prescription was never suspended under La. 40:1299.47 A(2)(a). Accordingly, the judgment of the trial court is reversed, and relator's exception of prescription is granted.
CALOGERO, C.J., I would grant and docket in order to reconsider the issue resolved in LeBreton v. Rabito, 97-2221 (La.7/8/98), 714 So.2d 1226. As set forth in my dissent in LeBreton, I find no conflict between the provisions to Civil Code article 3462 and LSA-R.S. 40:1299.47(A)(2)(a), as both provisions can easily be harmonized with the result of each provision being given full effect. The purpose for denying claims that are prescribed is to avoid denying the defendant a timely opportunity to investigate a matter and prepare a defense. That purpose is not served here, where the defendant was *57 sued less than one year from the occurrence of plaintiffs injury.
KIMBALL, J., would grant and docket.
JOHNSON, J., would grant and docket.
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797 So. 2d 56, 2001 WL 1130919, Counsel Stack Legal Research, https://law.counselstack.com/opinion/washington-v-fustok-la-2001.