Cited by

Opinions in Louisiana that cite Louviere v. Shell Oil Co., 440 So. 2d 93.

65 citing documents.

Couvillion Group, LLC v. Plaquemines Parish Government La. Ct. App. 4th Cir. 2026
App. 4 Cir. 9/16/24), (alteration in original) ( (La.
Hospitality Management Services, LLC v. Axis Surplus Insurance Company, Firequest Fire Alarm Service Associates, LLC, and Brassco, Inc. La. Ct. App. 4th Cir. 2024
“[W]hen several parties share a single cause of action (as through partial subrogation), suit by one interrupts prescription as to all.” (La.
Roxana Carroll as Survivor of Her Spouse, Richard Carroll Versus Progressive Secuirty Insurance Company and Gerado Navarro La. Ct. App. 5th Cir. 2024
“Although it does not derive from 1 (La.
Randall Kling v. Troy Hebert Ernest P. Legier, Jr., in His Official Capacity as the Commissioner of the … La. 2024
(observing that because the compensation insurer has paid part of the employee plaintiff’s damages, it is entitled to recover to the extent of those payments as partial subrogee).
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.
Earl T. Lindsay, Jr., and Joycelyn L. Butler, Individually and on Behalf of the Decedent, Earl T. Lindsay … La. Ct. App. 4th Cir. 2019
Corley Enters. of La., Inc. v. Bear Creek Saloon, Inc. 273 So. 3d 1236 La. Ct. App. 1st Cir. 2019
Gallagher Bassett Services, Inc. v. Canal Insurance Co. 202 So. 3d 1160 La. Ct. App. 1st Cir. 2016
Thalia Renfro v. Burlington Northern Santa Fe Rr La. Ct. App. 3d Cir. 2016
Penton v. Castellano 169 So. 3d 739 La. Ct. App. 2d Cir. 2015
The claims of the employee and the employer’s compensation insurer arise from “the same cause of action.”
Illes v. State ex rel. Division of Administration 168 So. 3d 646 La. Ct. App. 1st Cir. 2014
DISCUSSION On appeal, as support for his position that his claims and Katherine’s claims are based on the same cause of action for the negligence of the Diocese, and, thus, the timely filed petition by Katherine interrupted the prescriptive period for his claims.
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
Barber v. Employers Insurance Co. of Wausau 97 So. 3d 454 La. Ct. App. 1st Cir. 2012
Cavalier v. FERRO CORPORATION 30 So. 3d 1184 La. Ct. App. 1st Cir. 2010
In support of this argument, (La.
Stamps v. Canal Indemnity Insurance 35 So. 3d 1127 La. Ct. App. 1st Cir. 2010
|,,In support of its argument that its cross-claim is not prescribed, which it contends is factually analogous to the instant case.
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
Warren v. Louisiana Medical Mutual Insurance Co. 21 So. 3d 186 La. 2009
Smiley v. MEADOWCREST HOSP., INC. 981 So. 2d 154 La. Ct. App. 5th Cir. 2008
Stogner v. Allbritton 965 So. 2d 408 La. Ct. App. 1st Cir. 2007
the Louisiana Supreme Court stated: The filing by one party of a suit to recover his damages usually does not affect the running of prescription against other parties who sustained separate damages in the same accident.
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.
Jackson v. Estate of Jones 923 So. 2d 959 La. Ct. App. 2d Cir. 2006
for the legal principle that when several parties share a single cause of action, suit by one interrupts prescription as to all.
Simons Petroleum, Inc. v. Falgout 873 So. 2d 65 La. Ct. App. 1st Cir. 2004
art. 3466; , 97 n. 8 (La.1983) (explaining that when prescription is interrupted, the prescriptive period starts over in its entirety upon cessation of the interruption).
Matthews v. State Farm Automobile Insurance 828 So. 2d 620 La. Ct. App. 1st Cir. 2002
as support for his position that his claim is not prescribed under Louisiana law.
Phillips v. Francis 817 So. 2d 107 La. Ct. App. 3d Cir. 2002
Elevating Boats, Inc. v. St. Bernard Parish 795 So. 2d 1153 La. 2001
Williams v. Louisiana Workers' Compensation Corp. 747 So. 2d 645 La. Ct. App. 1st Cir. 1999
Civ.Code art. 1793; Provident Life & Acc.
Fair Grounds Corp. v. ADT SEC. SYSTEMS 719 So. 2d 1110 La. Ct. App. 4th Cir. 1998
Wartelle v. Women's and Children's Hosp., Inc. 704 So. 2d 778 La. 1997
Tureaud v. Acadiana Nursing Home 696 So. 2d 15 La. Ct. App. 3d Cir. 1997
Adams v. Dupree 663 So. 2d 433 La. Ct. App. 4th Cir. 1995
Jones v. Department of Transportation & Development 659 So. 2d 818 La. Ct. App. 1st Cir. 1995
Washington Nat. Ins. Co. v. Brown 654 So. 2d 724 La. Ct. App. 1st Cir. 1995
Moore v. Gencorp, Inc. 633 So. 2d 1268 La. 1994
Moore v. Gencorp, Inc. 615 So. 2d 1092 La. Ct. App. 4th Cir. 1993
: The filing by one party of a suit to recover his damages usually does not affect *1095 the running of prescription against other parties who sustain separate damages in the same accident ...
Miller v. One Shell Square 619 So. 2d 1096 La. Ct. App. 4th Cir. 1993
Stapleton v. Great Lakes Chemical Corp. 616 So. 2d 1311 La. Ct. App. 2d Cir. 1993
Bradley v. Louisiana Department of Transportation & Development 613 So. 2d 771 La. Ct. App. 1st Cir. 1993
Williams v. Sewerage & Water Bd. of NO 611 So. 2d 1383 La. 1993
the trial judge found that prescription was interrupted as to Little Giant once the Williamses filed suit against the S & WB seeking worker's compensation.
HOUSTON GEN. INS. CO. v. Commercial Union Ins. Co. 612 So. 2d 787 La. Ct. App. 1st Cir. 1992
the Louisiana Supreme Court stated: The filing by one party of a suit to recover his damages usually does not affect the running of prescription against other parties who sustained separate damages in the same accident.
Billings v. Michael 611 So. 2d 751 La. Ct. App. 1st Cir. 1992
Code Ann. art. 3463 (West 1992)
Picone v. Lyons 601 So. 2d 1375 La. 1992
Williams v. Sewerage & Water Board of New Orleans 597 So. 2d 588 La. Ct. App. 1st Cir. 1992
*590 PRESCRIPTION: The trial court overruled defendant’s exception of prescription based on the legal principle that prescription is interrupted as to a third-party tortfeasor when a timely suit is filed against the employer for worker’s compensation, citing Narcise v. Illinois Central Gulf Railroad Company, et al
Martin v. Franklin State Bank & Trust 595 So. 2d 371 La. Ct. App. 2d Cir. 1992
Montiville v. City of Westwego 592 So. 2d 390 La. 1992
Parker v. Southern American Ins. Co. 590 So. 2d 55 La. 1991