151 So. 3d 812
La. Ct. App.2014Background
- Velasquez filed a medical malpractice complaint against Dr. Ralph R. Chesson in April 2010 seeking damages.
- Plaintiff had earlier submitted to a state review process and the Medical Review Panel concluded no liability in January 2010.
- The state, via Division of Administration, notified that Dr. Chesson was a qualified state health care provider in 2007.
- Defendant filed a declinatory exception of insufficiency of service of process on July 15, 2010, arguing service within 90 days was not accomplished.
- The trial court sustained the exception and dismissed the petition without prejudice after a September 2010 hearing.
- Plaintiff argued service on the State was unnecessary because Chesson was sued individually, not in an official capacity.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Timeliness of service under 13:5107(D) and 1201(C) | Velasquez contends service on the State was not required. | Service to the State or its proper agents was required within 90 days. | Service not timely; dismissal affirmed. |
| Good cause for untimely service | Good cause existed for delay due to lack of clarity on proper service. | No good cause shown; strict adherence required. | No good cause shown; dismissal affirmed. |
| Proper recipients for service of a state health care provider | Dr. Chesson was sued individually; state recipients were unnecessary. | Because Chesson was a state health care provider, proper service on state entities was required. | Service on proper state recipients required; failure to do so supported dismissal. |
Key Cases Cited
- Johnson v. Univ. Med. Ctr. in Lafayette, 968 So.2d 724 (La. 2007) (good cause not based on mere confusion about service info)
- Norbert v. Loucks, 791 So.2d 1283 (La. 2001) (clarifies good cause standard for late service)
- Llopis v. Louisiana State Bd. of Dentistry, 143 So.3d 1211 (La. App. 4th Cir. 2014) (review standard for dismissal under 1201(C))
- Barnett v. Louisiana State Univ. Med. Ctr.-Shreveport, 841 So.2d 725 (La. 2003) (serving state entities requires proper agent)
- Tranchant v. State, 5 So.3d 832 (La. 2010) (strict service requirements for state defendants)
- Roper v. Dailey, 393 So.2d 85 (La. 1980) (service at place of business still requires personal service)