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Jeter v. Shamblin12/6/2000
ifications of persons differently from others. Burmaster v. Gravity Drainage Dist. No. 2 of St. Charles Parish, 366 So. 2d 1381 (La. 1978); Flagship Center, Inc. v. City of New Orleans, 587 So. 2d 154 (La. App. 4th Cir. 1991). It is fundamental that a statutory enactment of the legislature is presumed to be constitutional. Flagship Center, Inc., supra. Finally, the determination of prescriptive periods is at the discretion of the legislature. See, La. C.C. art. 3457; Crier, supra at 311 n.8.
The Louisiana Supreme Court has determined previously that reducing the proliferation of medical malpractice lawsuits, thus lowering the cost of medical malpractice insurance and making health care more accessible, is an appropriate state interest for the enactment of La. R.S. 9:5628. See, Crier, supra at 308-09. However, as argued by Jeter, that "appropriate state interest" was severely questioned by the Fourth Circuit in Whitnell v. Silverman, 93-2468 (La. App. 4th Cir. 11/04/94), 646 So. 2d 989, which strongly doubted the reality of the "medical malpractice insurance crisis" and called for a rejection of Crier, supra. But the Fourth Circuit's rally against Crier, supra was thwarted by the Louisiana Supreme Court when Whitnell came before it on writs. It rejected the Fourth Circuit's call to overrule Crier, supra, and, therefore, Crier, supra is still controlling. See also, Valentine v. Thomas, 433 So. 2d 289, 293 (La. App. 1st Cir. 1983), where the court determined that La. R.S. 9:5628 bore a rational relationship to the state's interest in reducing the costs of health care to the public; In re Medical Malpractice Claim of Nix, 94-0151 (La. App. 1st Cir. 10/07/94), 644 So. 2d 722, 723, where the court rejected a similar challenge to the constitutionality of La. R.S. 9:5628 and determined that, pursuant to Crier, supra, the statute was constitutional.
Because the distinction raised by Jeter does not fall under an enumerated class protected by La. Const. art. I of 1974, ยง 3, she has the burden of proving that the statute does not suitably further any appropriate state interest. The only argument she offers against the state interest recognized by Crier, supra is the Fourth Circuit's stated skepticism of the medical malpractice insurance crisis which was rejected by our supreme court in Whitnell, 686 So. 2d 23. As already stated herein, we are bound by Crier, supra and its holding that reducing the proliferation of medical malpractice lawsuits, thus lowering the cost of medical malpractice insurance and making health care more accessible, is an appropriate state interest for the enactment of La. R.S. 9:5628. We conclude that Jeter fails to meet her burden, and that, therefore, her assignment of error has no merit.
Conclusion
Considering the foregoing, we affirm the judgment of the trial court and assess all costs of the appeal to Jeter.
AFFIRMED.
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