2020CW1162, 2020CW1166, 2020CW1167 Nonprecedential Writ granted Processed

Walter D. Lewis v. The Travelers Indemnity Company, Successor or assignee of The Traveler's Insurance Company; Shintech Louisiana, LLC; IMTT-Geismar; Marathon Petroleum Co., LP; Turner Industries Group, LLC, f/k/a Harmony, LLC; Jacobs Field Services North America, Inc., f/k

Louisiana Court of Appeal, First Circuit · Filed February 2, 2021

Authorities cited

Identified automatically; this list may not be exhaustive.

296 So. 3d 525 not in our corpus

Opinion text

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

WALTER D. LEWIS NO. 2020 CW 1162

VERSUS

THE TRAVELERS INDEMNI`T' Y CONSOLIDATED WITH
COMPANY, SUCCESSOR IR

ASSIGNEE OF THE TRAVELER' S NO. 2020 CW 1166

INSURANCE COMPANY; SHINTECH
CONSOLIDATED WITH
LOUISIANA, LLC; IMTT-
GEISMAR; MARATHON PETROLEUM
NO. 2020 CW 1167
CO., LP; TURNER INDUSTRIES
GROUP, LLC, F/ K/ A HARMONY,
LLC; JACOBS FIELD SERVICES
NORTH AMERICA, INC., F/ K/ A
JE MERIT CONSTRUCTORS, INC.
EXXON MOBIL CORPORATION;
RADIATOR SPECIALTY COMPANY;
W. M. BARR & COMPANY, INC.,
F/ K/ A THE KLEAN STRIP
COMPANY, INC.; LIBERTY

MUTUAL INSURANCE COMPANY; FEBRUARY 02, 2021
WILSON IMPERIAL COMPANY;
HIGHLAND HARDWARE & GARDEN
CENTER, INC., AND BROTHER' S
ACE HARDWARE, INC.

In Re: Shintech Louisiana, L. L. C., for
applying supervisory
writs, 19th Judicial District Court, Parish of East
Baton Rouge, No. 675708.

BEFORE: THERIOT, WOLFE, AND HESTER, JJ.

WRIT GRANTED. The trial court' s October 20, 2020 judgment
overruling the peremptory exceptions of prescription filed by
defendants, Shintech Louisiana, L. L. C., Jacobs Field Services
North America, Inc., and IMTT- Geismar, is reversed. The October
20, 2014 cancer diagnosis of plaintiff, Walter D. Lewis,
constituted constructive knowledge sufficient to put him on
guard and to call him to inquire into the cause of his
condition. See Guerin v. Travelers Indemnity. Company., 2019-
0861 ( La. App. 1st Cir. 2/ 21/ 20), 296 So. 3d 525. Thus, the
plaintiff' s suit filed more than one year later, on November 2,
2018, is prescribed. Therefore, the defendants' peremptory
exceptions of prescription are granted, and the plaintiff' s
claims against defendants, Shintech Louisiana, L. L. C., Jacobs
Field Services North America, Inc., and IMTT- Geismar, are
dismissed.

MRT

EW
CHH

CO OF APPE FIRST CIRCUIT
11

dD
J
PUTY CARIN OF
AJ COURT
FOR THE COURT

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