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Jennings American Legion Hospital v. Jones10/30/2002
r the pain in his jaw, and he also, of course, had the records in June of `99 to indicate that there was a foreign object in - in the jaw area.
Having been in the United States until October of 1999, he had, in the Court's opinion, ample opportunity to have initiated the appropriate claim to assert his malpractice claim. He failed to do so, but was not prejudiced by his military service - or prevented by his military service from filing a claim timely.
Therefore, the Court feels that the Soldiers' and Sailors' Civil Relief Act would not in this particular case prevent - have prevented the running of prescription.
However, in Conroy v. Aniskoff, 507 U.S. 511, 113 S.Ct. 1562 (1993), the United States Supreme Court held that a member of the Armed Services is not required to show prejudice to be afforded the protections of the Soldiers' and Sailors' Civil Relief Act. Id. In reaching this holding, the Court stated that: "The statutory command in § 525 is unambiguous, unequivocal, and unlimited." Id. at 514, 1564. The Court additionally found that the legislative history of § 525 "confirms a congressional intent to protect all military personnel on active duty, just as the statutory language provides." Id. at 515, 1565. Thus, military personnel need not show that their lives have been disrupted by military service or suffered prejudice for the application of the Soldiers' and Sailors' Civil Relief Act. Id.
Mr. Jones was under active military duty from the time of his injury until the time his request for review was filed. And, the prescriptive periods of La.R.S. 9:5628 would not apply as long as he was under active duty. Therefore, Mr. Jones' claim has not prescribed. Accordingly, the trial court erred when it ruled that the Soldiers' and Sailors' Civil Relief Act did not suspend the running of prescription and granted American Legion's exception of prescription.
Since the Soldiers' and Sailors' Civil Relief Act prevented prescription from running against Mr. Jones, we find it unnecessary to address the appellant's second assignment of error.
DECREE
For the foregoing reasons, the judgment of the trial court is reversed and this matter is remanded to the trial court for further proceedings. All costs of this appeal are assigned to the appellee, Jennings American Legion Hospital.
REVERSED AND REMANDED.
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