Udomeh v. Joseph
2012 La. LEXIS 2895
La.2012Background
- Fidel Udomeh, the putative biological father, seeks wrongful death and survival damages for his illegitimate child S.U., who died in 2009.
- Udomeh did not file a timely avowal action under La. Civ.Code art. 198 but filed his paternity claim within the art. 198 peremptive period via the wrongful death petition.
- LDSS and UMC moved to dismiss, arguing Udomeh had no right or capacity to sue without an avowal; the trial court granted the exceptions and dismissed with prejudice.
- The Court of Appeal affirmed, holding that filiation must be established by a timely avowal action under art. 198 and that the peremptive period precluded relief.
- The Louisiana Supreme Court reverse the lower courts, holding art. 198 applies to actions under arts. 2815.1 and 2315.2 and Udomeh’s petition pled sufficient facts to constitute an avowal action.
- The Court remands for further proceedings consistent with the opinion, noting cumulation of the avowal action with the wrongful death action is permitted.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether art. 198 applies to joins with 2315.1/2315.2. | Udomeh argues filiation is required to support wrongful death under 2815.1/2315.2. | State defendants contend art. 198 does not apply to actions under 2315.1/2315.2. | Art. 198 applies to 2315.1/2315.2 actions. |
| Whether Udomeh’s petition stated a valid avowal action under fact-pleading. | Petition alleges biological relationship and parental acknowledgement and provides notice of paternity. | Petition lacks explicit request for judgment of paternity and fails to plead material facts. | Petition pled sufficient material facts to state an avowal action. |
| Whether the avowal action could be pursued within the peremptive period and with the wrongful death claim. | Amalgamation of avowal with wrongful death is permissible; relation back not required here. | Peremptive period extinguishes the avowal right if not timely filed. | Timely avowal could be maintained within the pending wrongful death action; peremptive period not violated in this context. |
| Whether cumulation of avowal with wrongful death is allowed. | Cumulation should be allowed and not precluded by statute. | Cumulation is not explicitly permitted under art. 198 and may conflict with procedural rules. | Cumulation is permissible. |
Key Cases Cited
- Chatelain v. State, Dept. of Transp. & Dev., 586 So.2d 1373 (La. 1991) (filiation links to wrongful death eligibility; time limitations when child not legitimated)
- Reese v. State Dep’t of Public Safety & Corrections, 866 So.2d 244 (La. 2004) (bare allegations may suffice to put defendants on notice for filiation; relation back where applicable)
- Thomas v. Ardenwood Properties, 43 So.3d 213 (La.App. 1 Cir. 2010) (peremptive period governs avowal; amending petitions cannot relate back to time-barred filiation)
- In re Succession of Stevenson, 492 So.2d 100 (La.App. 1 Cir. 1986) (illegitimate child allegations can support filiation in succession context)
- Trahan v. Benoit, 467 So.2d 199 (La.App. 3 Cir. 1985) (allegations of birth and parental cohabitation can support filiation action)
- Bester v. State, 828 So.2d 644 (La.App. 4 Cir. 2002) (bare conclusions of paternity insufficient to state filiation absent alleged facts)