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LeJEUNE v. RAYNE BRANCH HOSPITAL

No. W88-890.

539 So.2d 849 (1989)

Mable LeJEUNE, Individually and as Succession Representative of Estate of Rayo LeJeune, Plaintiff-Respondent, v. RAYNE BRANCH HOSPITAL, Defendant-Relator.

Court of Appeal of Louisiana, Third Circuit.

Writ Granted April 14, 1989.

Attorney(s) appearing for the Case

Watson, Blanche, Wilson & Posner, William J. Mitchell, Jr., Baton Rouge, for defendant-relator.

Patrick L. Michot, Thomas E. Guilbeau, Lafayette, for plaintiff-respondent.

Before DOMENGEAUX, STOKER and DOUCET, JJ.

STOKER, Judge.

Does Louisiana now recognize a cause of action for mental distress experienced by a claimant resulting from injury sustained by a third person?

In the past generally, Louisiana has not recognized such an action; but we conclude that the issue should be reexamined. A typical statement of the rule by Louisiana courts is that one may not recover for mental suffering resulting from personal injuries, short of death, suffered by another.

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