Mcconnell v. Travelers Indemnity Co.

346 F.2d 219 (5th Cir. 1965)

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Nature of the Case

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Facts

Mr. and Mrs. Archie McConnell (H and W), Louisiana residents, were both injured in an automobile accident. Under Louisiana community property law, the wife's claim for personal injuries is her separate property; the husband's claim for personal injuries belongs to the community. Claims for medical expenses for either spouse also belong to the community. Only the husband may sue on claims belonging to the community. W brought suit against the Travelers Indemnity Company and Employers Casualty Company to recover damages of $8,500 for personal injuries. H joined in the suit seeking recovery of $362.50 he had paid for medical expenses for treatment of W's injuries. H then filed the present suit in the district court to recover $85,000 for his personal injuries and $352.75 for his medical expenses. Ds filed a motion in the district court for a summary judgment of dismissal based upon the contention that the plaintiff had split his cause of action by filing suit in the state court for medical expenses; under Article 425 of the LSA-Code of Civil Procedure, the plaintiff is precluded from splitting a cause of action. H then moved in the state court to dismiss his suit 'with prejudice.' It was granted, and the district court then denied the motion for summary judgment in the instant case. Ds then filed a motion for summary judgment, contending that the H could have pursued his claim for personal injuries only by amending his petition in the state court; but that since that court had dismissed the action with prejudice, the dismissal was a final judgment of his entire claim, and was res judicata as to his action in the United States district court. The trial judge granted the motion and dismissed the complaint.