COOK v. RIGBY (2021)

Writ application denied.

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.

Crichton, J., would grant and docket and assigns reasons. Griffin, J., would grant and docket.