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Howard v. Edmon2/27/2002
uch common tort victim in Delmore. Instead, the new plaintiff had a separate but parallel - not divergent - cause of action unique to herself and not contingent upon the death or injury of another.
We agree with the First Circuit in Delmore that a guest passenger, without more, does not have a legal relationship with fellow guest passengers that will satisfy the third part of the Giroir test requiring the new and old plaintiffs to be sufficiently related. Moreover, in the instant case the intervenor has even less of a relationship than the new plaintiff in Delmore in that Ms. Robinson lacks any familial relationship with her fellow guest passengers. Consequently, we find that the third factor of the Giroir test requiring a sufficient relationship between the new and old plaintiffs is not satisfied here and that the trial court correctly granted the exceptions of prescription.
CONCLUSION
The trial court judgments sustaining the exceptions of prescription are affirmed. Costs are assessed to the appellant.
AFFIRMED.
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