 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Poullard v. Pittman4/13/2005
In this medical malpractice action brought by inmate John Poullard against LSU Medical Center - E.A. Conway Hospital (LSU) and Dr. M. Pittman, the trial court sustained the defendants' declinatory exception of improper venue and transferred the plaintiff's suit to the Second Judicial District Court, Parish of Claiborne. For the following reasons, the trial court's judgment is reversed and the case is remanded to the Fourth Judicial District Court, Parish of Ouachita.
FACTS
On February 18, 2004, John Poullard filed suit against Dr. Pittman and LSU asserting malpractice in connection with Poullard's treatment at LSU in Monroe, Louisiana. Poullard, who is an inmate at the David Wade Correctional Center in Claiborne Parish, Louisiana, had been taken to LSU for treatment, rather than receiving medical treatment at the prison.
On June 18, 2004, Dr. Pittman and LSU filed an exception of improper venue asserting that under the provisions of LSA-R.S. 15:1184, exclusive venue for a tort action by a prisoner is the parish where the prisoner was incarcerated when the cause of action arose. Accordingly, because Poullard was incarcerated in Claiborne Parish at the time of the alleged malpractice, defendants allege that the suit was improperly filed in Ouachita Parish.
In opposition to the exception, Poullard cited Winston v. Martin, 34,200 (La. App. 2d Cir. 7/6/02), 764 So. 2d 368, for the proposition that the statutory provisions at issue apply strictly to causes of action against the Louisiana Department of Public Safety and Corrections or its employees, and do not apply to individuals who are not employees of the Louisiana Department of Public Safety and Corrections. Poullard also argued that the provisions of LSA-R.S. 15:1184 would be unconstitutional if applied to his suit, and that under the provisions making the exclusive venue for delictual actions by a prisoner "the parish where the prison is situated to which the prisoner was assigned when the cause of action arose," Poullard's action still should be brought in Ouachita Parish because he was "assigned" to the hospital prison ward bullpen when his cause of action arose.
In response to Poullard's opposition, the defendants argued that Winston, supra, in which an inmate's suit against court clerks had been transferred on venue grounds, was distinguishable because its holding was based on the provisions of LSA-R.S. 15:1177, and not LSA-R.S. 15:1184. Furthermore, defendants argued that the plaintiff in Winston was no longer incarcerated at the time of the appeal, so that he no longer had any connection with the parish where he had been incarcerated, whereas Poullard was still incarcerated in the same parish to which he was assigned when his claim arose. Finally, defendants argued that the exclusive venue provisions of LSA-R.S. 15:1184 were enacted after the Winston case was decided. As for Poullard's argument about being "assigned" to the hospital, defendants correctly pointed out that the statute addressed the parish where the prison was situated, that the hospital was not a prison, and that transporting Poullard to the hospital for treatment did not change the fact that he was incarcerated at David Wade Correctional Center in Claiborne Parish.
When the venue exception came on for hearing on April 23, 2004, the trial court heard the parties' arguments and concluded that the exception of venue should be granted. The court noted that the provisions of LSA-R.S. 15:1184 clearly state that the exclusive venue for tort actions for a prisoner is the parish where the prisoner was incarcerated at the time the cause of action arose.
DISCUSSION
On appeal, Poullard asserts two e
Page 1 2 3 Louisiana Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|