Cited by

Opinions in Louisiana that cite Guidry v. Theriot, 377 So. 2d 319.

67 citing documents.

Neville Kirt; Alvin Kirt; And Lamont Kirt, Individually and on Behalf of Elaine Kirt v. Rebecca C. Metzinger, … La. Ct. App. 4th Cir. 2024
Roxana Carroll as Survivor of Her Spouse, Richard Carroll Versus Progressive Secuirty Insurance Company and Gerado Navarro La. Ct. App. 5th Cir. 2024
Marco Ochoa Versus Brad Aldrete, Aldrete & Sons Shoring Co., Inc. and State Farm Mutual Automobile Insurance Company La. Ct. App. 5th Cir. 2021
Willis J. Jones and Shadonne Jones v. Dynamic Industries, Inc. and Bp America Production Co. La. Ct. App. 3d Cir. 2021
As further explanation, poignantly observed: This is so because they do not bring the wrongful death action as substituted parties, in which capacity they may bring the survival action to recover the victim’s damages.
Lennie v. Exxon Mobil Corp. 251 So. 3d 637 La. Ct. App. 1st Cir. 2018
See Watkins , 145 So.3d at 241 ; Guidry v. Theriot , , 322 (La.
Thalia Renfro v. Burlington Northern Santa Fe Rr La. Ct. App. 3d Cir. 2016
Illes v. State ex rel. Division of Administration 168 So. 3d 646 La. Ct. App. 1st Cir. 2014
in which this court held that because the wrongful death and survival actions are based on two separate and distinct causes of action, a timely survival action does not interrupt prescription as to the wrongful death claim.
Latoya Castille, Individually v. Louisiana Medical Mutual Ins. Co. La. Ct. App. 3d Cir. 2014
Castille v. Louisiana Medical Mutual Ins. Co. 150 So. 3d 614 La. Ct. App. 1st Cir. 2014
Watkins v. Exxon Mobil Corp. 117 So. 3d 548 La. Ct. App. 1st Cir. 2013
Major Patrick Calbert v. Orlando J. Batiste La. Ct. App. 3d Cir. 2013
Calbert v. Batiste 109 So. 3d 505 La. Ct. App. 1st Cir. 2013
Johnson v. Ray 106 So. 3d 629 La. Ct. App. 1st Cir. 2012
Bougere v. Northrop Grumman Systems Corp. 105 So. 3d 862 La. Ct. App. 1st Cir. 2012
Walls, 98-0455 (La.9/8/99), 740 So.2d at 1269-70
Sims v. American Insurance Co. 101 So. 3d 1 La. 2012
Barber v. Employers Insurance Co. of Wausau 97 So. 3d 454 La. Ct. App. 1st Cir. 2012
Mary Ann Charles Calbert v. Orlando J. Batiste La. Ct. App. 3d Cir. 2009
Calbert v. Batiste 23 So. 3d 1031 La. Ct. App. 1st Cir. 2009
Taylor v. Babin 13 So. 3d 633 La. Ct. App. 1st Cir. 2009
In support of this argument
Caro Properties (A), LLC v. City of Gretna 3 So. 3d 29 La. Ct. App. 1st Cir. 2008
490 (E.D.La.1988) (RICO *34 claims assignable); (victim’s action for recovery of tort damages is not strictly personal).
Adams v. Asbestos Corp. 930 So. 2d 342 La. Ct. App. 2d Cir. 2006
the supreme court addressed the one-year limitation provided for survival actions.
White v. Robinson Lumber Co. 929 So. 2d 231 La. Ct. App. 1st Cir. 2006
Wharton v. Ridgell 922 So. 2d 461 La. 2006
Landry v. Avondale Industries, Inc. 877 So. 2d 970 La. 2004
cataloging the distinctions between the survival action and the wrongful death action.
State Bd. of Ethics v. Ourso 838 So. 2d 792 La. Ct. App. 1st Cir. 2002
Abadie v. Metropolitan Life Ins. Co. 784 So. 2d 46 La. Ct. App. 5th Cir. 2001
Guidry [ v. Theriot ], [(La.1970)].
Courtland v. Century Indem. Co. 772 So. 2d 797 La. Ct. App. 5th Cir. 2000
that the peremptive period of article 2315.1 does not apply to an action that was instituted by the tort victim prior to his death.
Boullt v. State Farm Mut. Auto. Ins. Co. 752 So. 2d 739 La. 1999
CIV.CODE art. 2315.1(A), 2315.2; and Rogers v. Ambassador Ins.
Walls v. American Optical Corp. 740 So. 2d 1262 La. 1999
Brown v. Drillers, Inc., 93-1019 (La.1/14/94), , the court below concluded that the wrongful death claim of the relatives of Mr. Walls did not arise until March 17, 1995, the date he died, long afte
Yarbrough v. Federal Land Bank 732 So. 2d 1244 La. Ct. App. 2d Cir. 1999
Civ.Code Art. 2315.1 "beneficiaries are given the right to recover the damages which the victim suffered and would have been entitled to recover from the tortfeasor, if the victim had lived," refers to economic damages which are attributable to the period following the death of Yarbrough.
Boullt v. State Farm Mutual Automobile Insurance 728 So. 2d 1064 La. Ct. App. 2d Cir. 1999
Evans v. Canadianoxy Offshore Production Co. 730 So. 2d 466 La. Ct. App. 1st Cir. 1998
(La.1979); Guillory v. Avoyelles Ry.
Domingue v. ABC Corp. 720 So. 2d 806 La. Ct. App. 1st Cir. 1998
We have found no case law which deals with the specific situation before us. However, although dealing with survival actions only in dicta, the Louisiana Supreme Court’s -25 (La.1979) is helpful.
Meredith v. Asbestos Corp., Ltd. 707 So. 2d 1334 La. Ct. App. 4th Cir. 1998
the court distinguished between survival and wrongful death actions as follows: [A]lthough the wrongful death action arises from a common tort, it is a separate and distinct action from the survival action.
Wartelle v. Women's and Children's Hosp., Inc. 704 So. 2d 778 La. 1997
Walls v. American Optical Corp. 703 So. 2d 800 La. Ct. App. 5th Cir. 1997
Young v. ED Bullard Co. 703 So. 2d 783 La. Ct. App. 5th Cir. 1997
Similarly, upon the death of such a worker, this action may be pursued as a survival action by his family, whether suit was already instituted by the worker before his death, or is brought by his appropriate heirs afterwards, see
State v. McInnis Bros. Const. 701 So. 2d 937 La. 1997
we stated: "[S]pecification of the time limit for bringing an action in the same statute that created the right of action, is not the sole test of peremption as distinguished from prescription."
Tassin v. City of Westwego 668 So. 2d 1247 La. Ct. App. 1st Cir. 1996
Brown v. Drillers, Inc. 630 So. 2d 741 La. 1994
In support of this construction, Plaintiff relies on the wellsettled principle that a tort victim's personal injury claims are legally separate and distinct from his beneficiaries' wrongful death claims
Taylor v. Giddens 618 So. 2d 834 La. 1993
Daigle v. Clemco Industries 613 So. 2d 619 La. 1993
McDaniel v. Reed 613 So. 2d 758 La. Ct. App. 4th Cir. 1993
Chatelain v. STATE, DOTD 566 So. 2d 156 La. Ct. App. 2d Cir. 1990
Day v. Day 563 So. 2d 441 La. Ct. App. 1st Cir. 1990
Woods v. Monroe Manor Nursing Homes, Inc. 530 So. 2d 1221 La. Ct. App. 2d Cir. 1988
Landry v. Thibaut 523 So. 2d 1370 La. Ct. App. 5th Cir. 1988
Hellpenstell v. Bonnabel Hosp. 523 So. 2d 887 La. Ct. App. 4th Cir. 1988
Ciaccio v. Cazayoux 519 So. 2d 799 La. Ct. App. 1st Cir. 1987
Pierre v. Lallie Kemp Charity Hosp. 515 So. 2d 614 La. Ct. App. 1st Cir. 1987