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MITCHELL v. REHABIL. INSTIT. OF NEW ORLEANS

No. 2006-CA-0910.

953 So.2d 75 (2007)

Mildred MITCHELL, George Davis, Shirley Davis Williams and Leola M. Cotton, Individually and on Behalf of Their Deceased Sister, Delores James v. REHABILITATION INSTITUTE OF NEW ORLEANS, INC. and Crescent City Health Care Center, Inc.

Court of Appeal of Louisiana, Fourth Circuit.

February 14, 2007.

Attorney(s) appearing for the Case

Gregory P. Di Leo, New Orleans, LA, for Plaintiffs/Appellants, Mildred Mitchell, George Davis, Shirley Davis Williams, Leola M. Cotton, Delores James.

Charles C. Foti, Jr., Attorney General, J. Marc Vezina, Special Assistant Attorney General, Kelli M. Khalaf, Special Assistant Attorney General, Vezina and Gattuso, L.L.C., Gretna, LA, for Appellees, Crescent City Health Care Center, Inc., and Dr. Daniel Rodriquez.

(Court composed of Chief Judge JOAN BERNARD ARMSTRONG, Judge DAVID S. GORBATY, Judge LEON A. CANNIZZARO, JR.).

LEON A. CANNIZZARO, JR., Judge.

This case involves prescription in a medical malpractice action. The particular issue presented is whether a timely filed suit against a non-qualified health care provider in a court of competent jurisdiction interrupts and/or suspends prescription against a qualified health care provider who is alleged to be a solidary obligor with the non-qualified health care provider. We find that it does not.

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