Cited by
Opinions in Louisiana that cite Corsey v. State, Through Dept. of Corrections, 375 So. 2d 1319.
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Strata v. Patin
545 So. 2d 1180
La. Ct. App. 4th Cir. 1989
In Corsey v. State, Through Dept. of Corrections, -1322 (La.1979), the Louisiana Supreme Court described the four categories of situations in which the principle of contra non valentem agere nulla currit praesciptio is applied to prevent the running of liberative prescription: 1) where there was some legal cause which prevented the courts or their officers from
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Bolton v. New England Insurance Co.
542 So. 2d 135
La. Ct. App. 5th Cir. 1989
For a thorough discussion of the doctrine of contra non valentem, see Corsey v. State, Department of Corrections
- Whitnell v. Menville 540 So. 2d 304 La. 1989
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Doe v. Ainsworth
540 So. 2d 425
La. Ct. App. 1st Cir. 1989
Thus plaintiff's cause of action in the present case would have expired in mid 1980, unless we find that contra non valentem should be applicable under the facts and evidence presented before us. The Louisiana Supreme Court in Corsey v. State, Dept. of Corrections, set out three circumstances in which the principle of contra non valentem has traditionally been applied.
- Trujillo v. Boone 539 So. 2d 894 La. Ct. App. 4th Cir. 1989
- Kozlowski v. STATE EX REL. DEPT. OF HHR 534 So. 2d 1260 La. Ct. App. 5th Cir. 1988
- Lewis v. Sohio Petroleum Co. 528 So. 2d 1084 La. Ct. App. 3d Cir. 1988
- Kozlowski v. State ex rel. Department of Health & Human Resources 534 So. 2d 1260 La. Ct. App. 1st Cir. 1988
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Bock v. Harmon
526 So. 2d 292
La. Ct. App. 3d Cir. 1988
The doctrine of contra non valentem was examined in detail by the Supreme Court in Corsey v. State, Department of Corrections
- Manion v. Pollingue 524 So. 2d 25 La. Ct. App. 3d Cir. 1988
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Rozas v. DEPT. OF HEALTH & HUMAN RES.
522 So. 2d 1195
La. Ct. App. 4th Cir. 1988
In support of this contention, in which our Supreme Court held that contra non valentem applies to suspend prescription when the plaintiff has been prevented from pursuing his claim due to the fault or wrongful conduct of the defendant.
- Shortess v. Touro Infirmary 520 So. 2d 389 La. 1988
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Welch v. St. Francis Medical Center, Inc.
521 So. 2d 758
La. Ct. App. 2d Cir. 1988
(This principle will not except the plaintiff's claim from the running of prescription if his ignorance is attributable to his own willfulness or neglect; that is, a plaintiff will be deemed to know what he could by reasonable diligence have learned.)" (citations omitted).
- Matthews v. Sun Exploration and Production 521 So. 2d 1192 La. Ct. App. 2d Cir. 1988
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Minor v. Casten
521 So. 2d 465
La. Ct. App. 4th Cir. 1988
Gover, 497 So.2d at 1368
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Malone v. Wright
525 So. 2d 13
La. Ct. App. 3d Cir. 1988
[1] For a thorough discussion of the doctrine of contra non valentem, see Corsey v. State, Department of Corrections, (La.
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Moran v. Volkswagen of America, Inc.
519 So. 2d 871
La. Ct. App. 1st Cir. 1988
-55 (La.1987); -22 (La.1979).
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Board of Levee Commissioners of Orleans Levee District v. Newport Ltd.
517 So. 2d 406
La. Ct. App. 1st Cir. 1987
1st Cir.1978), reversed on other grounds
- Soileau v. Commercial Union Insurance Co. 520 So. 2d 1014 La. Ct. App. 1st Cir. 1987
- Richards v. LaCour 515 So. 2d 813 La. Ct. App. 3d Cir. 1987
- Laughlin v. Breaux 515 So. 2d 480 La. Ct. App. 1st Cir. 1987
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Levet v. Calais & Sons, Inc.
514 So. 2d 153
La. Ct. App. 5th Cir. 1987
1 Cir. 1978); reversed on other grounds, Chouest v. A & P Boat Rentals, Inc., supra .
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St. Charles Parish School Bd. v. GAF Corp.
512 So. 2d 1165
La. 1987
[4] Corsey v. State of Louisiana, Department of Corrections
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Griffin v. Kinberger
507 So. 2d 821
La. 1987
Corsey v. State of Louisiana, Department of Corrections
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Maltby v. Gauthier
506 So. 2d 1190
La. 1987
Corsey v. State of Louisiana, Department of Corrections
- Dixon v. Roque 503 So. 2d 659 La. Ct. App. 3d Cir. 1987
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Plaquemines Par. Com'n Council v. Delta Dev. Co.
502 So. 2d 1034
La. 1987
In this case we have to determine just what principles are applicable in the contra non valentem situation involved here, and more fundamentally, whether contra non valentem continues to be a viable exception to the running of liberative prescription.
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Olivier v. National Union Fire Ins. Co. of Pittsburgh
499 So. 2d 1330
La. Ct. App. 3d Cir. 1986
[8] For a thorough discussion of the doctrine of contra non valentum
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Gover v. Bridges
497 So. 2d 1364
La. 1986
Plaintiffs' claim that prescription did not accrue because of a letter of Dr. Bridges which "effectually prevented" ( ) them from availing themselves of their cause of action for their mother's death.
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Gover v. Bridges
486 So. 2d 1117
La. Ct. App. 2d Cir. 1986
where it was held that prescription would not run where (1) some legal cause prevents the courts or their officers from taking cognizance of or acting on the plaintiff's actions, (2) a condition is coupled with the contract or connected with the proceedings which prevented the creditor from suing or acting
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Crier v. Whitecloud
486 So. 2d 713
La. 1986
Corsey v. State, Department of Corrections
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Richland Parish Hosp. Service Dist. v. Hanover Ins. Companies
486 So. 2d 1079
La. Ct. App. 2d Cir. 1986
art. 3467, official revision comment (d)
- Hebert v. Doctors Memorial Hosp. 486 So. 2d 717 La. 1986
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Plaquemines Parish Comm'n Council v. Delta Development Co., Inc.
486 So. 2d 129
La. Ct. App. 4th Cir. 1986
: As the cited comment notes, 12 Tul.L.
- Kubnick v. Sorum 483 So. 2d 1252 La. Ct. App. 1st Cir. 1986
- Albares v. Exnicios 480 So. 2d 473 La. Ct. App. 1st Cir. 1985
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Blanchard v. Reeves
469 So. 2d 1165
La. Ct. App. 5th Cir. 1985
[2] for an explanation and application of the principle.
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Loupe v. Avondale Shipyards
470 So. 2d 336
La. Ct. App. 5th Cir. 1985
As a defense against the exception of prescription the appellant invokes the principal of contra non valentum, which when applied prevents the running of liberative prescription under four circumstances
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In re Filiation of Jones
463 So. 2d 961
La. Ct. App. 1st Cir. 1985
Corsey v. State Dept, of Corrections
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Owens v. Martin
449 So. 2d 448
La. 1984
" Corsey v. The State of Louisiana, Through the Department of Corrections
- Coliseum House, Inc. v. Brock 442 So. 2d 778 La. Ct. App. 5th Cir. 1983
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Distinguished
Harvey v. Davis
432 So. 2d 1203
La. Ct. App. 4th Cir. 1983
Hyman v. Hibernia Bank & Trust Co., 139 La.
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Chaney v. State Through Dept. of Health
432 So. 2d 256
La. 1983
[4] we set forth the categories of situations in which this doctrine applies so as to prevent the running of *259 liberative prescription: (1) Where there was some legal cause which prevented the courts or their officers from taking cognizance of or acting on the plaintiff's action; (2) Where there was some con
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West v. Gajdzik
425 So. 2d 263
La. Ct. App. 3d Cir. 1982
Corsey v. State, Dept. of Corrections
- Grant v. Carroll 424 So. 2d 389 La. Ct. App. 2d Cir. 1982
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Midco Louisiana Co. v. AQUATIC EQUIP. & ENG., INC.
423 So. 2d 10
La. Ct. App. 1st Cir. 1982
[2] Corsey v. State, Department of Corrections
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Trainer v. Aycock Welding Co.
421 So. 2d 416
La. Ct. App. 1st Cir. 1982
Corsey v. State, Department of Corrections, (La.
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Bennett v. General Motors Corp.
420 So. 2d 531
La. Ct. App. 2d Cir. 1982
Justice Tate speaking for our Supreme Court sets forth the categories of situations in which our jurisprudence holds the principle of contra non valentem applicable: As the cited comment notes, 12 Tul.L.
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Fontaine v. McDonald Systems, Inc.
419 So. 2d 552
La. Ct. App. 1st Cir. 1982
n this Section, unless a copy of the petition has been served as required, or such service has been waived as provided in Subsection C.”
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McPherson v. Roy
390 So. 2d 543
La. Ct. App. 3d Cir. 1980
1st Cir. 1979) reversed on other grounds, and cases therein cited.