SOULEYA DAOTEUANG ET AL v. DR MICHAEL COTUGNO ET AL (2022)

Writ application granted. See per curiam.

Hughes, J., dissents and assigns reasons.

Griffin, J., dissents for reasons assigned by Justice Hughes.

11/08/22

SUPREME COURT OF LOUISIANA

No. 2022-CC-01275

SOULEYA DAOTEUANG, ET AL.

VS.

DR. MICHAEL J. COTUGNO, M.D., ET AL.

On Supervisory Writ to the 16th Judicial District Court, Parish of Iberia

PER CURIAM

Granted. As a result of plaintiff's failure to serve Dr. Cotugno during the abandonment period, any actions taken with regard to other defendants do not interrupt abandonment as to him. Williams v. Montgomery, 2020-01120 (La. 5/13/21), 320 So.3d 1036, 1044. Accordingly, the district court's judgment denying Dr. Cotugno's motion to dismiss on grounds of abandonment is reversed, and plaintiff's January 25, 2016 suit against Dr. Cotugno is dismissed without prejudice.

I respectfully dissent from the majority's conclusion, but nonetheless note that if Dr. Cotugno is solidarily liable with the other defendants prescription would be interrupted.