 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Louviere v. State9/23/2005
rict court having jurisdiction in the parish in which the cause of action arises.
Based on the allegations set forth in plaintiffs' petition, we conclude that plaintiffs' causes of action arose in St. Mary Parish.
Under Louisiana law, a cause of action accrues when a party has the right to sue. Landry v. Avondale Industries, Inc., 03-0719, p. 4 (La. 12/3/03), 864 So.2d 117, 122. A plaintiff's injury in a wrongful death action occurs when the victim dies. Walls v. American Optical Corp., 98-0455, p. 9 (La. 9/8/99), 740 So.2d 1262, 1270. The supreme court has often recognized that a wrongful death action does not arise until the date of the victim's death. Id. Thomas' death occurred in St. Mary Parish, and thus, it is the parish in which plaintiffs' wrongful death action arose.
A survival action comes into existence simultaneously with the tort, permits recovery only for the damages suffered by the victim from the time of injury to the moment of death, and is transmitted to the victim's beneficiaries upon his death. Boullt v. State Farm Mut. Auto. Ins. Co., 99-0942, p. 8 (La. 10/19/99), 752 So.2d 739, 743-744. "A negligence cause of action will arise only upon the happening of a wrongful act and the existence of an injury resulting in legally cognizable damages." Walls v. American Optical Corp., 98-0455 at p. 8, 740 So.2d at 1269. Thus, plaintiffs' survival action did not arise until Thomas sustained legally cognizable damages. Plaintiffs' petition alleges, "[Thomas] suffered excruciating pain, terror, fright, mental anguish, and other emotional injuries prior to his death as a result of the gunshot wound he sustained. The plaintiff parents seek survival damages .|.|. for these circumstances." Thus, according to the petition, Thomas sustained legally cognizable damages when he shot himself in St. Mary Parish, and thus, the survival action arose in that parish.
A cause of action for loss of consortium does not accrue until a plaintiff suffers the actual loss of consortium, which has been held to occur at the time an injured party's condition deteriorates to such an extent that his family is actually deprived of his consortium, service or society. Landry v. Avondale Industries, Inc., 03-0719 at p. 4, 864 So.2d at 122. In this case, plaintiffs allege they suffered Thomas' loss of consortium, service, and society upon his death. Based on these allegations, plaintiffs' loss of consortium claim also arose upon Thomas' death in St. Mary Parish.
Accordingly, since plaintiffs' causes of action arose in St. Mary Parish, plaintiffs' suit is filed in a proper venue pursuant to Louisiana Revised Statutes 13:5104.
III. CONCLUSION
For these reasons, we affirm the trial court's judgment overruling the defendants' exception. The costs of this appeal are assessed against defendants in solido in the amount of $298.50. La. R.S. 13:4521; La. R.S. 13:5112.
AFFIRMED.
Page 1 2 Louisiana Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|