DocketDrift

Real-time tracking of state judicial trends.

Outcomes

Public record · Human review · No verdicts asserted

Cited by

Opinions in Louisiana that cite Sciacca v. Polizzi, 403 So. 2d 728.

29 citing documents.

  • Inez R. Strahan v. Sabine Retirement & Rehabilitation Center, Inc. La. Ct. App. 3d Cir. 2008
  • Strahan v. SABINE RETIREMENT & REHAB. CENT. 981 So. 2d 287 La. Ct. App. 3d Cir. 2008
  • Harrison v. Gore 660 So. 2d 563 La. Ct. App. 2d Cir. 1995
    2d Cir.1988) (legal malpractice normally sounds in tort, unless the attorney warrants a particular result); (medical malpractice is governed by one-year prescriptive period, absent extension of warranties by the physician); Gerdes v. Estate of Cush, 953 F.2d 201 (5th Cir.1992) (agent's failure to investigate a proposed real estate purchase is governed by one-year prescription).
  • Roger v. Dufrene 613 So. 2d 947 La. 1993
    (quoting Kozan v. Comstock, 270 F.2d 839, 844 (5th Cir.1959)).
  • Roger v. Dufrene 602 So. 2d 323 La. Ct. App. 1st Cir. 1992
  • B. Swirsky & Co., Inc. v. Bott 598 So. 2d 1281 La. Ct. App. 4th Cir. 1992
  • Harvey v. Dixie Graphics, Inc. 593 So. 2d 351 La. 1992
    Co., Phelps v. Donaldson, 243 La.
  • Carey v. Pannell, Kerr, Foster, Certified Public Accountants 559 So. 2d 867 La. Ct. App. 4th Cir. 1990
  • Swindell v. Llewellyn 526 So. 2d 446 La. Ct. App. 4th Cir. 1988
    is not controlling in this case as the contract in Sciaccia was entered into prior to September 12, 1975.
  • Crawford v. Gray and Associates 493 So. 2d 734 La. Ct. App. 2d Cir. 1986
    which held that when a patient is injured by the negligence of his physician his action is in tort unless the physician has contracted for a specific cure or result.
  • Cart v. Ducote 490 So. 2d 731 La. Ct. App. 3d Cir. 1986
    Conway Memorial Hospital, supra
  • Gifford v. New England Reinsurance Corp. 488 So. 2d 736 La. Ct. App. 2d Cir. 1986
    which held that when a patient is injured by the negligence of his physician his action is in tort unless the physician has contracted for a specific cure or result.
  • Percy v. State, EA Conway Memorial Hosp. 478 So. 2d 570 La. Ct. App. 2d Cir. 1985
  • Elzy v. ABC Ins. Co. 472 So. 2d 205 La. Ct. App. 4th Cir. 1985
  • RAYNE STATE BANK & TR. CO. v. Nat. Union Fire Ins. Co. 469 So. 2d 409 La. Ct. App. 3d Cir. 1985
    a medical malpractice case, to hold that a malpractice action against an attorney which is based upon negligence will normally be subject to the one year tort prescriptive period.
  • Blanchard v. Reeves 469 So. 2d 1165 La. Ct. App. 5th Cir. 1985
    App. 1st Cir.1983), writ denied a case involving medical malpractice, to legal malpractice and said, at 999: "In light of the above we reverse Jackson v. Zito, supra, and its progeny insofar as they recognize a ten year prescriptive period for the negligent breach of contract by an attorney.
  • Inge v. St. Paul Fire & Marine Insurance Co. 457 So. 2d 776 La. Ct. App. 1st Cir. 1984
  • Anderson v. Hinrichs 457 So. 2d 225 La. Ct. App. 4th Cir. 1984
    Although dealing *227 pointed out that the nature of the duty breached should be determinative of whether a cause of action is in tort or in contract.
  • Quattlebaum v. Hy-Reach Equipment Inc. 453 So. 2d 578 La. Ct. App. 1st Cir. 1984
    1st Cir.1981), rev'd on other grounds, (La.App.
  • Knighten v. Knighten 447 So. 2d 534 La. Ct. App. 2d Cir. 1984
  • Sturm v. Zelden and Zelden 445 So. 2d 32 La. Ct. App. 4th Cir. 1984
    at 730 (La.1981) quoted the following passages from Judge Wisdom's opinion in Kozan v. Comstock, 270 F.2d 839 (5th Cir.1959) with approval: "It is the nature of the duty breached that should determine whether the action is in tort or in contract.
  • Martin v. Southern Baptist Hosp. of New Orleans 444 So. 2d 1309 La. Ct. App. 4th Cir. 1984
    the court held flatly that medical malpractice suits are tort and not contract actions.
  • Gumm v. Wells 441 So. 2d 511 La. Ct. App. 2d Cir. 1983
    In Cherokee Restaurant, Inc. v. Pierson, supra, involving medical malpractice should also be applied to legal malpractice claims.
  • Wingate v. National Union Fire Ins. Co. 435 So. 2d 594 La. Ct. App. 3d Cir. 1983
    The trial judge, in well reasoned and convincing written reasons for judgment, and held that plaintiff's suit had prescribed as it had not been filed within one year.
  • Cherokee Restaurant, Inc. v. Pierson 428 So. 2d 995 La. Ct. App. 1st Cir. 1983
    a case which involved medical malpractice.
  • Steinbach v. Barfield 428 So. 2d 915 La. Ct. App. 1st Cir. 1983
  • Ferlito v. Cecola 419 So. 2d 102 La. Ct. App. 2d Cir. 1982
  • Distinguished Dillon v. Hospital Affiliates of Baton Rouge 407 So. 2d 493 La. Ct. App. 1st Cir. 1981
  • Cummings v. Skeahan Corp. 405 So. 2d 1146 La. Ct. App. 1st Cir. 1981
    (1981), the Supreme Court followed the Phelps v. Donaldson standard, supra, and held that "(W)hen a patient is injured by the negligence of his *1147 physician, his action against that physician is one in tort, unless the physician has contracted with the patient for a specific cure or result.