Summary
In St. Pe this Court allowed the plaintiff to consolidate two lawsuits based on separate accidents where the injuries overlapped.
Summary of this case from Jenkins v. LindseyOpinion
No. 88-C-2368.
December 9, 1988.
Jerald N. Andry, Jr., Gilbert v. Andry, III, Theresa C. Leyva, New Orleans, for plaintiffs/respondents.
Donna R. Moliere, Leonard M. D'Angelo, New Orleans, for defendant/relator.
Before SCHOTT, C.J., and WARD and PLOTKIN, JJ.
Writ denied.
Plaintiff Ralph St. Pe, Jr., brought two claims, the first a worker's compensation claim growing out of a February 12, 1986 injury and the second a tort claim growing out of a July 17, 1986 automobile accident. The claims involve a common issue of injury. The same physician treated the plaintiff following both injuries. The injuries received in the automobile accident allegedly either overlapped or aggravated the prior injuries.
Louisiana favors consolidation of a single litigant's multiple personal injury claims. La.C.C.P. art. 1561, Mundy v. Gentilly Oaks, 228 La. 509, 82 So.2d 849 (1955), Ardoyno v. Ungar, 352 So.2d 320 (La.App. 4th Cir. 1977). This prevents injustice by allowing the causation and damage issues to be adjudicated before a single judge, achieves judicial economy and results in the reduction of transactional costs.
Accordingly, we find no abuse of discretion.