Court: Louisiana Court of Appeal; January 15, 2019; Louisiana; State Appellate Court
Samuel Owojori appeals a judgment that upheld an exception of no right of action, resulting in the dismissal of his wrongful death claims for his son Ezekiel and his son-in-law Jeremiah, both of whom died from smoke inhalation in a fire on January 24, 2016. Ashley Wilkins Owojori and Jeremiah Owojori were married and had Ezekiel; Ashley had two other children from previous relationships. Albert Myles filed a wrongful death suit for his daughter Jalynn on April 20, 2016, later amending it to include GMH Housing as a defendant. Princeton Vallo similarly filed a suit for his late son Prince, later adding Samuel as a plaintiff for claims related to Jeremiah and Ezekiel.
Samuel's argument for the exception centered on the timing of the deaths, asserting that because Jeremiah survived Ezekiel, he held the right to pursue survival and wrongful death claims, which should have passed to Samuel upon Jeremiah's death. Conversely, Albert argued that since Ashley was the last to die, she inherited any rights related to Ezekiel's death, and upon her death, Jalynn, as Ashley's only surviving child, would assume those rights.
During a hearing on January 24, 2018, death certificates and medical records were presented. The certificates confirmed the sequence of deaths: Jeremiah on January 26 at 1:34 p.m., Ezekiel on January 28, and Ashley on January 29. Samuel objected to the introduction of Ezekiel's and Ashley's certificates, which was overruled. Medical records indicated Jeremiah was declared brain dead on January 25 and disconnected from life support on January 27. The court ultimately affirmed the dismissal of Samuel's claims.
Ezekiel was pronounced dead on January 26 at 4:11 p.m., following a second examination confirming brain death; his body remained on a ventilator for potential organ donation. Among the four victims, three had reached brain death, while only Ashley was reported to be breathing. Albert testified that Ashley was treated at University Hospital, while Jeremiah and Ezekiel were at St. Francis Hospital, asserting that he visited Jeremiah on the day he died. He was informed of Ezekiel's death during a subsequent hospital visit. Albert expressed certainty that Ashley was alive after the deaths of Jeremiah, Ezekiel, and Prince, and stated he last saw her on January 29 before learning of her death later that evening. Cassandra Gipson, who stayed with Prince, testified that Prince died on January 27 and confirmed Ashley was the last to die, as arrangements for Ezekiel and Prince's funerals were pending her death. The trial court granted Albert's exception of no right of action and denied Samuel's, dismissing Samuel’s claims on behalf of Jeremiah and Ezekiel. Samuel appealed, arguing against the reliance on uncertified death certificates to establish the order of death, asserting that Jeremiah's rights to bring a survival and wrongful death action passed to him, and claiming procedural errors regarding Albert's exception. The court found these arguments meritless, emphasizing that a valid action can only be brought by someone with a legitimate interest, as established by Louisiana law regarding wrongful death and survival actions.
In Taylor v. Giddens, 618 So.2d 834, 840 (La. 1993), the Louisiana Civil Code outlines the framework for survival and wrongful death actions under La. C.C. art. 2315.1 and La. C.C. art. 2315.2.
For survival actions, the claim to recover damages for injury survives for one year post-death, prioritizing claimants in the following order: 1) surviving spouse and children; 2) surviving parents; 3) surviving siblings; and 4) surviving grandparents. If no beneficiaries exist, the succession representative may pursue damages. The right to action is heritable but does not affect the one-year prescriptive period.
Wrongful death actions allow designated claimants to recover damages due to a death caused by another's fault. The order of claimants mirrors that of survival actions and also prescribes one year from the date of death for filing. Similarly, this right of action is heritable, with no effect on the prescriptive period.
Additionally, La. R.S. 9:111 defines death, requiring a physician's determination of irreversible cessation of respiratory and circulatory functions, or total cessation of brain function, to declare a person dead. In cases involving organ donation, a second physician must affirm the patient’s status and eligibility unless a hospital policy allows for a single physician's declaration, which still mandates an additional opinion on organ donation candidacy.
The medical determination of death by a coroner can rely on personal observations and statements from various medical personnel at the scene. The time of death is recorded as when it was reported or discovered, and the names of those providing information must be documented in the coroner's report. Jeremiah, Ezekiel, and Ashley's death dates are established as January 26, January 28, and January 29, respectively. Samuel challenged the validity of Ezekiel's and Ashley's death certificates due to their lack of certification, but public vital statistics records are deemed correct unless disproven. The sequence of deaths aligns with hearing testimonies and medical records. Although Jeremiah and Ezekiel's death certificates show different dates from their brain death declarations, they were maintained on ventilators for potential organ donation post-brain death. Jeremiah was declared brain dead on January 25 and officially pronounced dead on January 27, while Ezekiel was pronounced dead after being declared brain dead on January 25, with ventilator support continuing until January 26. Testimonies from witnesses Albert and Gipson confirmed the order of deaths, with Albert stating Jeremiah died first, followed by Ezekiel, and Gipson affirming that Ashley was last to die. Legal precedents indicate that heirs can only pursue wrongful death and survival actions if the original beneficiaries survive the decedent, as established in Rachal v. Peters and further supported in Jackson v. Estate of Jones, where claims by nieces and nephews were denied due to their parents' prior deaths.
The right to initiate survival or wrongful death actions resulting from Jeremiah's death is held by Ashley, the surviving spouse, and Ezekiel, the surviving child. Conversely, Ashley holds the right for Ezekiel's death claims. Upon the death of these beneficiaries, their rights transfer to their heirs. Samuel does not possess the right to bring claims related to either Jeremiah's or Ezekiel's death, making Albert's exception of no right of action valid. Samuel's assertion that Albert's exception was improperly before the trial court due to a lack of a written filing is incorrect; the record shows that Albert submitted a written exception on January 18, 2018. The court affirms the judgment, denying Samuel's exception of no right of action and dismissing his petition for damages connected to Jeremiah and Ezekiel. Medical records indicate that Ezekiel was pronounced dead at 16:11 on January 26, following a consultation note from Dr. Pena dated the same day. There is a discrepancy regarding Ashley's death certificate, which incorrectly states her place of death. The document does not clarify whether Ezekiel's organs were donated, and while Gipson testified about the order of death, the specifics regarding Prince's timing remain unclear.
