Opinion
No. 2020-C-01504
03-09-2021
William COOK and Renee Soileau v. Carl Swayze RIGBY, M.D. and Louisiana Medical Mutual Insurance Company
Writ application denied.
Crichton, J., would grant and docket and assigns reasons.
Griffin, J., would grant and docket.
CRICHTON, J., would grant and docket and assigns reasons:
I would grant and docket the defendant Kapp Surgical Instruments, Inc.’s writ application to consider the issue of whether a medical malpractice plaintiff may rely on both suspension of prescription in the Medical Malpractice Act and the interruption of prescription under the general codal articles in order to add a non-health care provider as a joint tortfeasor. See Milbert v. Answering Bureau, Inc., 13-022 (La. 6/28/13), 120 So.3d 678 ; Warren v. Louisiana Medical Mut. Ins. Co., 07-492 (La. 12/2/08), 21 So.3d 186 (on reh'g ); Borel v. Young , 07-0419 (La. 11/27/07), 989 So.2d 42 (on reh'g ); and LeBreton v. Rabito , 97-2221 (La. 7/8/98), 714 So.2d 1226.