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Delmore v. Hebert9/22/2000
t the Giroir definition of "close, familial and legal relationships" is not broad enough to encompass Ms. Christy's particular circumstances. Giroir clearly limits the added family-member plaintiff to the relationship of immediate family of husband-wife and parents- children, and to the legal relationships arising from such familial relationship. As to Ms. Christy's status as guest passenger, we recognize no legal relationship between fellow guest passengers and can glean no other legal relationship from the record.
A closer look at Giroir and its progeny also reveals that the third Giroir element was deemed satisfied when the amendment involved a cause of action arising from, or dependent upon, a common tort victim, common to the original and added plaintiff. In other words, the successful added plaintiffs had divergent claims stemming from a common root, namely the same tort victim. Unlike wrongful death or survival actions, or even a Farber situation, there is no common tort victim in the instant case upon which both the original and added plaintiffs base their claims.
Thus, Ms. Christy's position is distinguished from most other post- prescription plaintiffs who met the third Giroir criterion because she is a direct tort victim. Ms. Christy has a separate but parallel - not divergent - cause of action, which is unique to herself and not contingent upon the death or injury of another. Ms. Christy's direct and simultaneous involvement in a tort arising from the same occurrence as the original plaintiff's pleading substantially differentiates her from Giroir and supporting jurisprudence. (Small is an exception, but it is factually distinguishable due to the transferral of the original claim and the contractual relationship between the plaintiffs).
Consequently, this court concludes that plaintiff Tammy Christy, as an added plaintiff by amended petition, is not "sufficiently related" so that she is "not wholly new or unrelated" as mandated by Giroir for the purpose of defeating prescription.
CONCLUSION
For the foregoing reasons, we affirm the decision of the trial court granting defendant State Farm's exception of prescription and dismissing all claims of plaintiff Tammy Christy. Costs of this appeal are assessed against appellants.
AFFIRMED.
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