Dr. Michael Gomila v. State of Louisiana, The State of Louisiana Department of Health f/k/a Louisiana Department of Health and Hospitals

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT

DR. MICHAEL GOMILA NO. 2021 CW 0775

VERSUS

THE STATE OF LOUISIANA
DEPARTMENT OF HEALTH F/ K/ A
LOUISIANA DEPARTMENT OF OCTOBER 05, 2021
HEALTH AND HOSPITALS

In Re: The State of Louisiana, through the Department of

Health, applying for supervisory writs, 19th Judicial
District Court, Parish of East Baton Rouge, No.
697174.

BEFORE: WHIPPLE, G. J., PENZATO AND HESTER, JJ.

WRIT DENIED.

VGW
CHH

Penzato, J., dissents and would grant the writ. I would

reverse the portion of the trial court' s June 15, 2021 judgment,
which failed to dismiss the claims of the plaintiff, Dr. Michael
Gomila, against the defendant, State of Louisiana, through the
Louisiana Department of Health (" the Department"). Plaintiff
did not request service of process upon the head of the
Department, the named defendant, within ninety days from the
commencement of the action pursuant to La. R. S. 13: 5107( A)( 1) &
D) ( 1), I find it
and as a result,
is mandatory that the action
be dismissed without prejudice. See La. R. S. 13: 5107( D)( 2);
Igbinoghene v. St. Paul Travelers Insurance Co., 2011- 0124 ( La.
4/ 4/ 11), 58 So. 3d 452 ( per curiam).
Accordingly, would grant I
the writ and dismiss the claims asserted by plaintiff, Dr.
Michael Gomila, against defendant, State of Louisiana, through
the Louisiana Department of Health, without prejudice, in
accordance with La. R. S. 13: 5107( D)( 2).

COURT OF APPEAL, FIRST CIRCUIT

DEPUTY $CLRK OF COURT
FOR THE COURT