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

> Louisiana Court of Appeal · October 30, 2002 · 2002 La.App. 4 Cir. 0812

URL: https://www.frixlaw.com/law-library/cases/7755433

## Case

- **Full name:** Ethel BROWN on Behalf of Craig BROWN v. STATE of Louisiana, DEPARTMENT OF HEALTH AND HOSPITALS
- **Court:** Louisiana Court of Appeal
- **Decided:** October 30, 2002
- **Citations:** 2002 La.App. 4 Cir. 0812; 832 So. 2d 351; 2002 La. App. LEXIS 3353; 2002 WL 31465758
- **Precedential status:** Published
- **Opinion:** Dissent by McKay
- **Judges:** Armstrong, Byrnes, III, Jones, McKay, Tobias
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/7755433

## Opinion text

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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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/7755433. Public record. Not legal advice.