Barrington v. A. H. Robins Co.

Opinion

BROUSSARD, J.

This is an appeal from a dismissal of an action for failure to serve summons and complaint within three years. The issue presented on appeal—one of first impression—is whether a complaint amended to charge a Doe defendant with a new cause of action arising from different operative facts must be served within three years of the original filing.

I

Petitioner Cheryl Barrington filed suit on July 3, 1979, alleging causes of action against Dr. Taras, Darvon Manufacturer, and Does 1 through 40 for medical malpractice and the negligent failure to warn of the dangers involved in…