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Rajnowski v. St. Patrick Hospital of Lake Charles6/7/2000
WRIT DENIED.
YELVERTON, J.
This is a wrongful death action against a doctor, the doctor's insurer, and a hospital. The defendants filed exceptions of res judicata and prescription. The district court heard and denied both exceptions. When the exceptors applied for writs, we called up the case for briefing, arguments, and an opinion. We now deny the writ application, finding no error in the trial court's rulings.
Richard and Nancy Rajnowski were the parents of Richard Rajnowski, Jr. (Ricky) who was born on February 1, 1983, at St. Patrick Hospital of Lake Charles. In 1986, when Ricky was about three and a half years old, the Rajnowskis filed a medical malpractice suit individually and on behalf of their minor child against Dr. Floyd Guidry; his insurer, St. Paul Fire & Marine Insurance Company; and St. Patrick Hospital. The Defendants then filed a peremptory exception of prescription averring that, because a period of three and one half years had passed since the alleged malpractice, the action had prescribed. The trial court granted the exception of prescription as to both Defendants and dismissed the suit with prejudice. The Rajnowskis appealed that ruling, and this court affirmed the trial court's judgment. Rajnowski v. St. Patrick's Hosp., 551 So.2d 806 (La.App. 3 Cir. 1989). The Louisiana Supreme Court granted certiorari and affirmed the judgment. Rajnowski v. St. Patrick's Hosp., 564 So.2d 671 (La.1990).
Ricky died on February 27, 1998, at the age of 15. On February 23, 1999, the Rajnowski parents filed a wrongful death suit against the same Defendants that they sued in 1986. The plaintiffs alleged that Ricky died as a result of deviations in the standard of care by Dr. Guidry and St. Patrick Hospital during prenatal treatment of Nancy and delivery of the child. The Rajnowskis alleged that the Defendants' medical negligence caused their son's death. They prayed for wrongful death damages.
In response to this suit, Dr. Guidry and St. Paul filed exceptions of prematurity, prescription, and res judicata. St. Patrick Hospital filed exceptions of prematurity and prescription. The exceptions were heard, and the trial court granted the exception of prematurity. The trial court denied the exceptions of res judicata and prescription. It is from these rulings denying the exceptions of res judicata and prescription that Defendants now seek supervisory review.
OPINION
Exception of Res Judicata.
Dr. Guidry and St. Paul argue that the trial court erred in denying their exception of res judicata. They rely on La.R.S.13:4231 and its following language:
Except as otherwise provided by law, a valid and final judgment is conclusive between the same parties, except on appeal or other direct review, to the following extent:
(2) If the judgment is in favor of the defendant, all causes of action existing at the time of final judgment arising out of the transaction or occurrence that is the subject matter of the litigation are extinguished and the judgment bars a subsequent action on those causes of action.
Dr. Guidry and St. Paul argue that because the Rajnowski's medical malpractice claim for damages previously filed in 1986 was dismissed on an exception of prescription, any subsequent action is extinguished, and the judgment bars this subsequent suit. The Rajnowskis counter with the argument that a wrongful death cause of action does not come into existence until the tort victim dies, thus res judicata cannot apply.
We agree with the Rajnowskis. A "wrongful death action does not arise until the victim dies. . . ." Taylor v. Giddens, 618 So.2d 834, 840 (La.1993)
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