Omolabake Ojomo-Bakare and Dele Bakare, individually and on behalf of their minor child, Britney Bakare v. Baton Rouge Community College

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT

OMOLABAKE OJOMO-BAKARE AND NO. 2025 CW 0603
DELE BAKARE, INDIVIDUALLY

AND ON BEHALF OF THEIR MINOR

CHILD, BRITNEY BAKARE

VERSUS

BATON ROUGE COMMUNITY
COLLEGE, THE BATON ROUGE
COMMUNITY COLLEGE

FOUNDATION, INC. AND XYZ
INSURANCE COMPANY SEPTEMBER 8, 2025

In Re: State of Louisiana, through the Board of Supervisors of
Louisiana Community and Technical Colleges System,
applying for supervisory writs, 19th Judicial District
Court, Parish of East Baton Rouge, No. 688629.

BEFORE : LANIER, WOLFE, AND HESTER, JJ.
WRIT DENIED.

WIL
CHH

Wolfe, J., dissents and would grant the writ. In determining
whether an amendment to the petition which changes the identity of
the party sued relates back to the filing of the original petition,
one of the criteria to be considered is whether the substitute
defendant received notice of the suit. See Ray v. Alexandria Mall,
Through St. Paul Property & Liability Ins., 434 So.2d 1083, 1087
(La. 1983). This court has recognized there can be an inference
of notice when the original defendant and the new defendant have
an identity of interest and the relationship between them is of a
close nature. Micken v. DHC OPCO-Napoleonville, LLC, 2018-0140
(La. App. ist Cir. 11/2/18), 2018 WL 5732482 at *8 (unpublished).
I find the evidence was insufficient to prove defendant, the State
of Louisiana, through the Board of Supervisors of Louisiana
Community and Technical Colleges, received notice of the suit or
that such notice could be inferred based upon identity of interest.
I would grant the exception of prescription and dismiss plaintiff’s
claims.

COURT OF APPEAL, FIRST CIRCUIT

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BBUTY CLERK OF COURT
\S FOR THE COURT