Opinion

Brown ex rel. Brown v. State, Department of Health & Hospitals

2002 La.App. 4 Cir. 0812
832 So. 2d 351
2002 La. App. LEXIS 3353
2002 WL 31465758

Court: Louisiana Court of Appeal
Filed: Oct 30, 2002
Status: Published
Author: McKay
On the bench: Armstrong, Byrnes, III, Jones, McKay, Tobias
Cited by: 0 cases
Authority: More cited than 0.9%

The opinion

b McKAY, J.,

dissents.

I respectfully dissent from the majority’s decision to grant this writ and would affirm the trial court’s denial of the relator’s exception of prescription.

According to Civil Code Article 3462, prescription is interrupted by the filing of a suit in a court of competent jurisdiction and venue. In the instant case, the plaintiff filed suit in a court of competent jurisdiction and venue within one year of the alleged wrongdoing. Accordingly, prescription should be interrupted. 1

. This is the same reasoning put forth by Chief Justice Calogero in his dissents in LeBreton v. Rabito, 97-2221 (La. 7/8/98), 714 So.2d 1226 and Geiger v. State, 2001-2206 (La. 4/12/02), 815 So.2d 80 .

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