Daigrepont v. La. State Racing Comm'n - 95-0539 (La. App. 4 Cir 10/26/95), 663 So. 2d 840

Rule:

The following persons who view an event causing injury to another person, or who come upon the scene of the event soon thereafter, may recover damages for mental anguish or emotional distress that they suffer as a result of the other person's injury: the father and mother of the injured person, or either of them. La. Rev. Stat. Ann. art. 2315.6.

Civ. Code Ann. art. 2315.6 clearly states that in order to recover, the parent must either view the accident or come upon the scene of the accident shortly after its occurrence. It does not provide for the situation where a parent arrives upon the scene, is informed of the accident, rushes to the hospital where his son has been taken, and later views a video tape of the accident.

Facts:

On April 18, 1990, Ronnie L. Daigrepont, a jockey at Jefferson Downs, was severely injured during a race when he lost control of his horse, fell to the ground, and was struck in the head by an oncoming horse. At the time of the accident, Vickie P. Daigrepont (Ronnie's stepmother) was working in the racetrack and viewed the accident on the television monitor. Carl Daigrepont (Ronnie's father) arrived at the racetrack shortly thereafter, was informed of the accident, and rushed to his son's side in the hospital emergency room. Ronnie Daigrepont and his parents filed this lawsuit against numerous defendants including the State of Louisiana through the Louisiana State Racing Commission, as well as Racing Commission stewards Thomas Davis, J.B. Seward, and Richard Kinsey. Pursuant to an exception of no cause of action and a motion for summary judgment, the claims of Mr. and Mrs. Daigrepont were dismissed by the trial court. On appeal, Mrs. Daigrepont argued that Article 2315.6 should not be limited to biological and adoptive mothers and that because she performed all "motherly" functions. Mr. Daigrepont also argued that because he viewed the video tape of his son's accident shortly after its occurrence, he is entitled to recovery.

Issue:

Was the dismissal proper?

Answer:

Yes.

Conclusion:

The following persons who view an event causing injury to another person, or who come upon the scene of the event soon thereafter, may recover damages for mental anguish or emotional distress that they suffer as a result of the other person's injury: the father and mother of the injured person, or either of them. La. Rev. Stat. Ann. art. 2315.6. It only allowed a right of action to the woman who gave birth to the injured person or the mother by adoption. The law was clear and unambiguous, and therefore, no further interpretation could be made into the intent of the legislature. As such, it was held that it would not extend the term mother under art. 2315.6 to include a stepmother. The court also held that the father was not entitled to recover under La. Civ. Code Ann. art. 2315.6 based on his viewing of the accident on videotape shortly after its occurrence. The article clearly stated that in order to recover, the parent had to view the accident or come upon the scene of the accident shortly after its occurrence. Article 2315.6 did not allow recovery when a parent arrived upon the scene, was informed of the accident, and later viewed a video tape of the accident.