Cited by

Opinions in Louisiana that cite Allstate Ins. Co. v. Theriot, 376 So. 2d 950.

68 citing documents.

Randall Kling v. Troy Hebert Ernest P. Legier, Jr., in His Official Capacity as the Commissioner of the … La. 2024
Corley Enters. of La., Inc. v. Bear Creek Saloon, Inc. 273 So. 3d 1236 La. Ct. App. 1st Cir. 2019
State Farm Mutual Automobile Ins. Co. v. Kenneth Forrestier La. Ct. App. 3d Cir. 2013
to argue that, because State Farm brought its action as a subrogee of Ms. Loiseau, prescription is interrupted as to the Loiseaus’ claims as well.5 However, the application of La.Code Civ.P.
State Farm Mutual Automobile Insurance Co. v. Forrestier 112 So. 3d 974 La. Ct. App. 1st Cir. 2013
to argue that, because State Farm brought its action as a subrogee of Ms. Loiseau, prescription is interrupted as to the Loiseaus’ claims as well.
Roland Douglas Walet v. Southern Theatres Family Holding, LLC La. Ct. App. 3d Cir. 2013
Walet v. Southern Theatres Family Holding, LLC 116 So. 3d 681 La. Ct. App. 1st Cir. 2013
Northa Lee Holmes v. Triad Hospitality D/B/A Clarion Hotel La. Ct. App. 3d Cir. 2012
Holmes v. Triad Hospitality 89 So. 3d 532 La. Ct. App. 1st Cir. 2012
Kevin v. City of Oberlin 60 So. 3d 1205 La. 2011
Montminy, supra; (La.App.
Vaughn v. City of Baton Rouge 39 So. 3d 799 La. Ct. App. 1st Cir. 2010
in which the principal demand was dismissed and the issue was whether the intervention filed after the accrual of prescription was timely.
Toomer v. A-1 FENCE & PATIO, INC. 29 So. 3d 609 La. Ct. App. 1st Cir. 2009
in which an allegedly untimely intervention was based on the same accident, the same injuries, and the same negligence of the same defendants as the original petition.
Toomer v. A-1 Fence & Patio, Inc. 29 So. 3d 609 La. Ct. App. 1st Cir. 2009
in which an allegedly untimely intervention was based on the same accident, the same injuries, and the same negligence of the same defendants as the original petition.
Buxton v. Iowa Police Department 23 So. 3d 275 La. 2009
4 Cir.1978), rev’d on other grounds, the court concluded; If, however, a subsequent injury away from work was foreseeable, and came about as a result of the work-related injury having predisposed the victim to future injury, the subsequent injury is compensable under worker's compensation law.
Hoff v. LOUISIANA SUPERDOME 24 So. 3d 1037 La. Ct. App. 4th Cir. 2009
Warren v. Louisiana Medical Mutual Insurance Co. 21 So. 3d 186 La. 2009
rehearing denied 1979; Nini v. Sanford Brothers, Inc., Tate, Amendment of Pleadings in Louisiana, 43 Tul.
Gardner v. T & T BARGE AND MARINE, INC. 11 So. 3d 1245 La. Ct. App. 1st Cir. 2009
Matranga v. St. Paul Fire & Marine Insurance Co. 948 So. 2d 261 La. Ct. App. 4th Cir. 2006
In support of her argument
Haynes v. United Parcel Service 908 So. 2d 1242 La. Ct. App. 2d Cir. 2005
4th Cir.1978), reversed on other grounds and remanded
Wilkerson v. City of New Orleans Fire Dept. 871 So. 2d 375 La. Ct. App. 4th Cir. 2004
4th Cir.1978), revd on other grounds, (employer not liable for additional workers compensation as a result of second accident because that accident was non-work related)).
Cohen v. Brookshire Bros. Inc. 819 So. 2d 429 La. Ct. App. 3d Cir. 2002
Hazey v. McCown 818 So. 2d 932 La. Ct. App. 1st Cir. 2002
appears the following: It is true that, if (as in this case) the subsequent claimant is a different person than the original plaintiff, then to interrupt prescription the first suit must not only be based upon the same factual occurrence as is the subsequent claim by amended petition or intervention; *9
Gorham v. HCA Health Services of La. 786 So. 2d 348 La. Ct. App. 2d Cir. 2001
Finally, the decedent's grandchildren and sister urge that under a if a subsequent claimant is a different person from the original plaintiff, prescription is interrupted by the original plaintiff's action if the first suit is based on the same factual occurrence as the subsequent claim, and the subsequent claimant is closely connected in relationship and identity of inter
Harvill v. Arnold 777 So. 2d 1271 La. Ct. App. 2d Cir. 2001
Smith v. Cutter Biological 770 So. 2d 392 La. Ct. App. 4th Cir. 2000
Fair Grounds Corp. v. ADT SEC. SYSTEMS 719 So. 2d 1110 La. Ct. App. 4th Cir. 1998
Thomas v. Sister of Charity of the Incarnate Word 694 So. 2d 563 La. Ct. App. 2d Cir. 1997
West v. Parish of Jefferson 685 So. 2d 371 La. Ct. App. 5th Cir. 1996
Giroir v. South Louisiana *375 Medical Center
Henton v. Walker & Wells Contractors 637 So. 2d 672 La. Ct. App. 2d Cir. 1994
4th Cir.1978), rev'd on other grounds
Moore v. Gencorp, Inc. 633 So. 2d 1268 La. 1994
Riddle v. Simmons 626 So. 2d 811 La. Ct. App. 2d Cir. 1993
Montminy, supra; (La.App.
Elliott v. Glass 615 So. 2d 1354 La. Ct. App. 2d Cir. 1993
4th Cir.1978), reversed on other grounds and remanded, (La.
Stapleton v. Great Lakes Chemical Corp. 616 So. 2d 1311 La. Ct. App. 2d Cir. 1993
Parker v. Southern American Ins. Co. 578 So. 2d 1021 La. Ct. App. 3d Cir. 1991
For the claim of interruption of prescription by suit against a and Nini v. Sanford Brothers, Inc.
Findley v. City of Baton Rouge 570 So. 2d 1168 La. 1990
Duffie v. Southern Pacific Transp. Co. 563 So. 2d 933 La. Ct. App. 1st Cir. 1990
Allstate Insurance Company v. Cyrus A. Theriot, et al., deals with an intervenor who files an intervention after the prescriptive period has run, but also after another plaintiff had timely filed a lawsuit interrupting prescription.
Hanover Ins. Co. v. Allstate Ins. Co. 554 So. 2d 1261 La. Ct. App. 1st Cir. 1989
App. 4th Cir.1978), reversed on other grounds
Ledet v. Hogue 540 So. 2d 422 La. Ct. App. 1st Cir. 1989
4th Cir.1978), reversed on other grounds and *425 remanded
Case v. Richard 536 So. 2d 583 La. Ct. App. 1st Cir. 1988
the Supreme Court stated: [I]f ...
Sam v. Sorrel Electrical Contractors, Inc. 525 So. 2d 244 La. Ct. App. 1st Cir. 1988
Cahill v. Schultz 521 So. 2d 442 La. Ct. App. 4th Cir. 1988
App. 4th Cir.1978), reversed on other grounds, Carter v. Rockwood Insurance Company, 341 So.
Dickerson v. Kroger, Inc. 509 So. 2d 813 La. Ct. App. 1st Cir. 1987
4th Cir.1978), rev'd on other grounds
Bertrand v. St. Paul Fire & Marine Ins. Co. 491 So. 2d 474 La. Ct. App. 3d Cir. 1986
Co. v. *479 Theriot, rehearing denied 1979; Nini v. Sanford Brothers, Inc., Tate, Amendment of Pleadings in Louisiana, 43 Tul.L.Rev.
Dykes v. Peabody Shoreline Geophysical 482 So. 2d 662 La. Ct. App. 1st Cir. 1985
Giroir v. South Louisiana Medical Center, Division of Hospitals 475 So. 2d 1040 La. 1985
rehearing denied 1979; Nini v. Sanford Brothers, Inc., Tate, Amendment of Pleadings in Louisiana, 43 Tul.L.Rev.
Giroir v. SOUTH LA. MEDICAL CTR., ETC. 475 So. 2d 1040 La. 1985
rehearing denied 1979; Nini v. Sanford Brothers, Inc., Tate, Amendment of Pleadings in Louisiana, 43 Tul.L.Rev.
Jackson v. Housing Authority of New Orleans 478 So. 2d 911 La. Ct. App. 4th Cir. 1985
Bellamy v. Garber Bros., Inc. 472 So. 2d 194 La. Ct. App. 4th Cir. 1985
Nini v. Sanford Brothers, Inc., (La.
Giroir v. South Louisiana Medical Center 453 So. 2d 949 La. Ct. App. 1st Cir. 1984
rehearing denied 1979, and Nini v. Sanford Brothers, Inc., rehearing denied 1973.
Gilmore v. Alton Ochsner Medical Foundation 458 So. 2d 197 La. Ct. App. 1st Cir. 1984
4th Cir.1978), reversed on other grounds, the court considered new injuries to a previously injured neck in a later automobile accident to be unrelated to the on the job accident.
Miller v. New Orleans Home & Rehab. Center 449 So. 2d 133 La. Ct. App. 4th Cir. 1984
said: When the defendant knows or should know, prior to the expiration of the prescriptive period, that legal demands are made upon him from the occurrence described in the petition filed, prescription is interrupted.

Explore

Outcomes

Cited by