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Cichirillo v. Avondale Industries, Inc.

Citations: 917 So. 2d 424; 2005 WL 3194216Docket: 04-C-2894, 04-C-2918

Court: Supreme Court of Louisiana; November 28, 2005; Louisiana; State Supreme Court

Narrative Opinion Summary

The Louisiana Supreme Court in Sam P. Cichirillo v. Avondale Industries, Inc. addressed whether a prior asbestosis suit could interrupt the prescription period for a subsequent mesothelioma claim. Cichirillo, a Navy veteran diagnosed with asbestosis in 1991 and mesothelioma in 1999, filed a lawsuit in 2002 in Louisiana, alleging asbestos exposure during his employment. Defendants argued the suit was filed beyond the prescriptive period. The trial court dismissed Cichirillo's claims based on prescription, a decision initially overturned by the appellate court. However, the Supreme Court reinstated the trial court's decision, ruling that the prior Mississippi lawsuit for asbestosis did not interrupt the prescription for the later mesothelioma claim, as the diagnosis occurred after the filing of the initial suit. The court noted that a judicial confession by Cichirillo regarding his diagnosis shifted the burden to him to prove interruption of prescription. It also emphasized the procedural requirements for introducing evidence to sustain a prescription exception. The court concluded that the premature nature of the 1992 Mississippi suit rendered it ineffective in interrupting the prescriptive period for the mesothelioma claim, resulting in a final ruling favoring the defendants.

Legal Issues Addressed

Application of Mississippi Discovery Rule to Latent Diseases

Application: The court recognized that under Mississippi law, Cichirillo's cause of action for mesothelioma did not accrue until his diagnosis in May 1999, rendering the 1992 lawsuit for asbestosis premature and ineffective in interrupting prescription.

Reasoning: The appellate court, applying Mississippi's discovery-rule statute, determined that his cause of action for mesothelioma did not accrue until it was diagnosed in May 1999.

Interruption of Prescription under Louisiana Law

Application: The court determined that a prior lawsuit for asbestosis did not interrupt the prescription period for a later mesothelioma claim because the mesothelioma was diagnosed after the first suit was filed.

Reasoning: The court concluded that filing a lawsuit before the discovery of mesothelioma is a premature action and does not interrupt prescription under Louisiana law.

Judicial Confession and Burden of Proof

Application: The court found that Cichirillo's acknowledgment of his diagnosis during hearings constituted a judicial confession, thus shifting the burden of proof to the plaintiff to demonstrate interruption of prescription.

Reasoning: The court identified Cichirillo's acknowledgment of the diagnosis as a judicial confession, which relieved the defendants of presenting further evidence.

Procedural Requirements for Prescription Exception

Application: The court emphasized the necessity of formally introducing evidence when raising a prescription exception, noting that failure to do so can affect the outcome.

Reasoning: The failure to introduce necessary evidence can adversely impact a case's outcome, particularly in prescription exceptions, as it shifts the burden of proof.

Solidary Obligors and Prescription Interruption

Application: The ruling clarified that interruption of prescription against one solidary obligor applies to all, but the Mississippi suit was not applicable as it was filed before a complete cause of action for mesothelioma existed.

Reasoning: LSA-C.C. art. 3503 states that if prescription is interrupted against one solidary obligor, it is interrupted for all solidary obligors and their successors.