Barnett v. University Medical Center
Cases that cite this one
41 later published cases cite this decision. The 25 that cite it most often are listed here.
- Hunter v. Louisiana State University Agricultural & Mechanical College ex rel. Louisiana Health Care Services Center for University Hospital at New Orleans (La. Ct. App. 2011)
- Taylor v. LSU Medical Center (La. Ct. App. 2005)
- Thomas v. LOUISIANA DEPT. OF PUBLIC SAFETY (La. Ct. App. 2003)
- Stringfellow v. Johnson (La. Ct. App. 2013)
- Burgo v. Henderson (La. Ct. App. 2012)
- Donald Burgo v. Warden Robert Henderson (La. Ct. App. 2012)
- Isaac v. Amos-Gombako (La. Ct. App. 2008)
- Pylant v. Jefferson Parish (La. Ct. App. 2005)
- Chrystal Kaufman Versus Dr. Daniel Deakter (La. Ct. App. 2024)
- Jamal Wright v. the State of Louisiana on Behalf of Jamie Alleyn, M.D., Ashley Van Wormer, M.D., Monique Sutherland, M.D., Megan Bina, D.O. and Ashely M Hirsch, M.D. (La. Ct. App. 2020)
- Lucien v. Carter (La. Ct. App. 2018)
- Whitley v. State Ex Rel. Board of Supervisors of Louisiana State University Agricultural Mechanical College Ex Rel. Medical Center of Louisiana at New Orleans-University Campus (La. 2011)
- Tranchant v. State (La. 2009)
- Gaynelle Issac v. Louise Amos-Gombako, M.D. (La. Ct. App. 2008)
- Donald Ray Singletary, Jr. v. Michael B. Cooper, individually and as Chief Executive Officer Of the St. Tammany Parish Government, and St. Tammany Parish Government (La. Ct. App. 2024)
- Ashley N. Miller and Drusilla Parker v. Joseph P. Hirstius and American Alternative Insurance Corporation (La. Ct. App. 2023)
- Tony Taylor v. Church of the King, Incorporated (La. Ct. App. 2022)
- Albertine Billizone v. Joseph P. Lopinto, III, Sheriff of the Parish of Jefferson and Justin Jerry (La. Ct. App. 2022)
- Gilda R. Small v. Ar Scientific (La. Ct. App. 2022)
- Timothy John Methvien v. Our Lady of the Lake, Dr. Jennifer Davidson, and ABC Insurance Company (La. Ct. App. 2021)
- Covington, Jr. v. Town of Jackson, La (District Court, M.D. Louisiana 2020)
- Adrena S. Freeman Versus Ochsner Clinic Foundation, Dr. George M. Fuhrman, Touro Infirmary and Dr. Cathy Swain-Jones (La. Ct. App. 2020)
- Roderick Vaughn Dominick Jr. v. Grambling State University by and through the Board of Supervisors for the University of Louisiana (La. Ct. App. 2020)
- Donna Brown v. Ralph Chesson, M.D. (La. Ct. App. 2020)
- George v. Abc Ins. Co. (La. Ct. App. 2019)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
Jimmy BARNETT
v.
LOUISIANA STATE UNIVERSITY MEDICAL CENTERSHREVEPORT
Supreme Court of Louisiana.
*726 GRANTED
In this case, plaintiff filed suit against defendant on January 24, 2002. In his petition, plaintiff requested service of process on C.T. Corporations Systems, which was the incorrect agent for service of process. On February 4, 2002, C.T. informed plaintiff of this mistake. More than 90 days after receiving this notification from C.T., plaintiff served the correct agent for defendant.
Louisiana Code of Civil Procedure article 1672 requires dismissal without prejudice as to a named defendant for whom service of process has not been requested within the 90-day time period prescribed by article 1201(C), unless good cause is shown why service could not be requested. If the plaintiff successfully demonstrates good cause, "the court may order that service be effected within a specified time." La.Code Civ. Proc. art. 1672(C).
Louisiana courts strictly construe the good cause requirement of article 1672(C). See Norbert v. Loucks, 01-1229 (La.6/29/01), 791 So.2d 1283. Consequently, plaintiffs are strictly held to the obligation of serving the correct agent for service of process. See Conner v. Continental Southern Lines, 294 So.2d 485 (La. 1974) (holding that service of process on incorrect agent is illegal and without effect); Brooks v. Terry, 608 So.2d 1047 (La.App. 1st Cir. 1992) (annulling judgment against defendant who had been improperly served).
Relevant to this case, La.Rev.Stat. 13:5107 explicitly governs service on a state agency, such as the defendant medical center. Thus, plaintiff could have discerned the proper agent with minimal effort and cannot show good cause for the delay in proper service. The requirement that service upon defendant be requested within the 90-day period should reasonably be read to require an accurate request of service upon the proper agent for defendant. Because correct service was not accomplished in this case, and because plaintiff did not attempt service within 90 days on the proper agent, even after being notified by C.T. Corporations Systems that it was not the correct agent for defendant, article 1672 is applicable, and dismissal without prejudice is required.
Denial of defendant's motion for involuntary dismissal by the district court and the court of appeal is hereby reversed and judgment is entered herein dismissing plaintiff's petition against defendant without prejudice.
CALOGERO, C.J., dissents from the action.
JOHNSON, J., dissents. *727 CALOGERO, Chief Justice, dissents from the action.
The provision of La.Code Civ. Proc. art. 1672 authorizing dismissal of a party's action without prejudice is a serious imposition upon a litigant's constitutional right of access to the courts, and should thus be enforced only if the statute clearly and unequivocally commands that result. In this case, we have a litigant who indeed requested service upon defendant within the 90-day time period prescribed by article 1201(C), but who mistakenly requested that defendant be served through an incorrect agent. There is no absence of a request for service; therefore, article 1672(C) does not apply to mandate an involuntary dismissal of plaintiff's action, and the judgment of the district court should be affirmed. Even if plaintiff's requested service was improper under article 1672(C), however, plaintiff's suit should not be altogether dismissed by this court. Rather, the action should be remanded to the district court to give plaintiff the opportunity to show good cause why service could not be requested upon the proper agent, as is required by article 1672(C).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.