SPROWL v. WOHL

No. 90-CA-1225.

576 So.2d 638 (1991)

Michael SPROWL, Individually and as Administrator of the Estates of the Minor Children, Brandon Che Sprowl and Tiffany Dawn Johnson v. Zachary WOHL, M.D., Carl J. Pope, M.D., Touro Infirmary, St. Paul Mercury Insurance Company, Hartford Insurance Group and ABC Insurance Company.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied April 10, 1991.

Writ Denied May 31, 1991.


Attorney(s) appearing for the Case

Thomas Keasler Foutz, Gauthier & Murphy, Metairie, for plaintiff/appellant.

Harold A. Thomas, Thomas, Hayes and Beahm, New Orleans, for appellee Carl J. Pope, M.D.

Before CIACCIO, LOBRANO and WARD, JJ.


LOBRANO, Judge.

The issue for our review in this appeal is whether an exception of lack of procedural capacity filed by one co-defendant within five years of the filing of suit interrupts the five year abandonment prescriptive period as to another non-served co-defendant.

Michael Sprowl, plaintiff, individually and on behalf of his minor children, sued Touro Infirmary, Dr. Zachary Wohl and Dr. Carl Pope for medical malpractice. That suit was filed on December...

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