Cited by

Opinions in Louisiana that cite Giroir v. SOUTH LA. MEDICAL CTR., ETC., 475 So. 2d 1040.

184 citing documents.

Sarah Allen Davidson v. Terrance Hardy La. 2026
See Giroir v. S. Louisiana Medical Center, Div. of Hosps., (La.
Dorothy Banish Madden v. Steven Ray Fairburn, K.S. Timber Company, Inc., Plaza Insurance Co., Xyz Insurance Co., & … La. 2025
P. art. 1153 and distinguishing Trahan as the issue therein was “whether prescription has been interrupted, so as to allow plaintiff to file a second suit against different defendants”); see also Giroir v. South Louisiana Medical Center, Division of Hospitals, (La.
Robert Alexander v. Dresser, LLC La. Ct. App. 3d Cir. 2025
Ctr., Div. of Hosp., found: Where a plaintiff only seeks to change the capacity in which the action is brought…because there is no change in the parties, and because all parties are on notice of the facts out of which the claim arose, an amendment will relate back to the date of the ori
Dorothy Banish Madden v. Steven Ray Fairburn, K.S. Timber Company, Inc., Plaza Insurance Company, XYZ Insurance Company, & … La. Ct. App. 1st Cir. 2024
1983) and Giroir v. South Louisiana Medical Center, Division of Hospitals, ( La.
Heidi Rieth and Jason Bush v. Maria Munguia La. Ct. App. 4th Cir. 2024
article 1153 provides that “[w]hen the action or defense asserted in the amended petition or answer arises out of the conduct, transaction, or occurrence set forth or attempted to be set forth in the original pleading, the amendment relates back to the date of filing the original pleading.” In Giroir v. South Louisiana Medical Center, Division of Hospitals, (La.
Randall Kling v. Troy Hebert Ernest P. Legier, Jr., in His Official Capacity as the Commissioner of the … La. 2024
Debra Robertson, individually and as personal representative of the Estate of Gregory Robertson and Kocatatie Thompson v. Unicorp, … La. Ct. App. 1st Cir. 2023
Ctr., Div. of Hosps., ( La.
Debra Robertson, Individually and as Personal Representative of the Estate of Gregory Robertson and Kocatatie Thompson v. Unicorp, … La. Ct. App. 1st Cir. 2023
Ctr., Div. of Hosps., ( La.
Debra Robertson, Individually and as Personal Representative of the Estate of Gregory Robertson and Kocatatie Thompson v. Unicorp, … La. Ct. App. 1st Cir. 2023
Ctr., Div. of Hosps., ( La.
Debra Robertson, Individually and as Personal Representative of the Estate of Gregory Robertson and Kocatatie Thompson v. Unicorp, … La. Ct. App. 1st Cir. 2023
Ctr., Div. of Hosps., ( La.
Shamekia Bryant and James Bryant v. Tokio Marine HCC and Ouachita Parish Police Jury La. Ct. App. 2d Cir. 2022
It is plaintiffs’ position that all four factors necessary for 5 an amendment adding additional parties to relate to a previously filed pleading as set forth by the Louisiana Supreme Court in Giroir v. South Louisiana Medical Center, Div. of Hospitals, (La.
David M. Gandy v. Robert M. Zacary and State Farm Mutual Automobile Insurance Company La. Ct. App. 1st Cir. 2021
Ctr., Div. Of Hospitals, ( La.
Benjamin T. Meyers v. Louisiana Dept. of Transportation Development La. Ct. App. 3d Cir. 2021
As to the addition of plaintiffs in this context, established the necessary criteria to allow the addition of plaintiffs to relate back to a timely filed original petition: (1) the amended claim arises out of the same conduct, transaction, or occurrence set forth in the original pleading; (2) the defendant either knew or should h
Benjamin T. Meyers v. Louisiana Dept. of Transportation & Development La. Ct. App. 3d Cir. 2021
Ctr., Ahmed v. Downman Dev., L.L.C., 17-114 (La.App.
Willis J. Jones and Shadonne Jones v. Dynamic Industries, Inc. and Bp America Production Co. La. Ct. App. 3d Cir. 2021
Earl T. Lindsay, Jr., and Joycelyn L. Butler, Individually and on Behalf of the Decedent, Earl T. Lindsay … La. Ct. App. 4th Cir. 2019
City Life Live v. Post Office Emps. Fed. Credit Union 268 So. 3d 1251 La. Ct. App. 2d Cir. 2019
In Giroir v. South Louisiana Medical Center , , 1044 (La.
Corley Enters. of La., Inc. v. Bear Creek Saloon, Inc. 273 So. 3d 1236 La. Ct. App. 1st Cir. 2019
art. 1153 and the factors set forth in Giroir v. South Louisiana Medical Center, Division of Hospitals, (La.
Lee v. Sapp 265 So. 3d 898 La. Ct. App. 1st Cir. 2019
Dionisio Gonzalez v. Carey Leshawn Jimmerson La. Ct. App. 3d Cir. 2019
Carter v. Pointe Coupee Parish Sch. Board 268 So. 3d 1064 La. Ct. App. 1st Cir. 2018
Rubin v. Non-Flood Prot. Asset Mgmt. Auth. 259 So. 3d 1228 La. Ct. App. 1st Cir. 2018
Explained Marlon Eaglin v. Eunice Police Department La. 2018
In Giroir v. South Louisiana Medical Center, Div. of Hospitals, (La.
Washington v. Magnolia Manor Nursing Home & Rehab., L.L.C. 247 So. 3d 156 La. Ct. App. 2d Cir. 2018
Russell v. Michael G. Jones, Riley & Carroll Props., Inc. 239 So. 3d 1083 La. Ct. App. 1st Cir. 2018
Giroir v. South Louisiana Medical Center , (La.
Marlon Eaglin v. Eunice Police Department La. Ct. App. 3d Cir. 2017
Eaglin v. Eunice Police Department 228 So. 3d 280 La. Ct. App. 1st Cir. 2017
Richard J. Borja v. Fara St. Bernard Parish Government 218 So. 3d 1 La. 2016
Giroir v. South Louisiana Medical Center, Div. of Hospitals, (La.
Watson v. Woldenberg Village, Inc. 203 So. 3d 317 La. Ct. App. 1st Cir. 2016
Ctr., Div. of Hosps., (La.
Truxillo v. Thomas 200 So. 3d 972 La. Ct. App. 1st Cir. 2016
art. 1153 and the factors set forth in Giroir v. South Louisiana Medical Center, Div. of Hospitals, and finding that the amending petition related back to the timely filing of the original petition.
Alexis Hunt v. Louisiana Municipal Risk Management Agency La. Ct. App. 3d Cir. 2015
Ctr., Div. of 8 Hosps., ).
Olympia Minerals, LLC v. H. S. Resources, Inc. La. Ct. App. 3d Cir. 2015
Ctr., Div. of Hosp., ] to petitions seeking to intervene in the main demand would expand Article 1153 beyond the scope intended by the legislature.
Olympia Minerals, LLC v. HS Resources, Inc. 162 So. 3d 674 La. Ct. App. 1st Cir. 2015
Ctr., Div. of Hosp., ] to petitions seeking to intervene in the main demand would expand Article 1153 beyond the scope intended by the legislature.
Stanley Savoie v. Calcasieu Parish Sheriff Office (City of Lake Charles) La. Ct. App. 3d Cir. 2015
Savoie v. Calcasieu Parish Sheriff Office 157 So. 3d 1278 La. Ct. App. 1st Cir. 2015
Fred Bulliard v. the City of St. Martinville La. Ct. App. 3d Cir. 2014
In so holding, the supreme court stated: 5 As we stated in Giroir v. South Louisiana Medical Center, Div. of Hospitals, [, 1045] (La.1985): The fundamental purpose of prescription statutes is only to afford a defendant economic and psychological security if no claim is made timely, and to protect him from stale claims and from the loss of non-preservation of relevant
Bulliard v. City of St. Martinville 139 So. 3d 1269 La. Ct. App. 1st Cir. 2014
In so holding, the supreme court stated: IfiAs we stated in Giroir v. South Louisiana Medical Center, Div. of Hospitals, [, 1045] (La.1985): The fundamental purpose of prescription statutes is only to afford a defendant economic and psychological security if no claim is made timely, and to protect him from stale claims and from the loss of non-preservation of relevant proof.
Carlos Boone, Et Ux. v. Conoco Phillips Company La. Ct. App. 3d Cir. 2014
4 The Boones‟ characterization of their status change as one of a simple change in capacity and therefore analogous to Giroir v. South Louisiana Medical Center, Div. of Hospitals, is misplaced.
Boone v. Conoco Phillips Co. 139 So. 3d 1047 La. Ct. App. 1st Cir. 2014
The Boones’ characterization of their status change as one of a simple change in capacity and therefore analogous to Giroir v. South Louisiana Medical Center, Div. of Hospitals, is misplaced.
Weber v. Metropolitan Community Hospice Foundation, Inc. 131 So. 3d 371 La. Ct. App. 1st Cir. 2013
In Giroir v. South Louisiana Medical Center, Division of Hospitals, the Louisiana Supreme Court set forth the four factors that must be considered in determining whether an amended petition adding or substituting a plaintiff relates back to a timely-filed original petition for purposes of defeating prescription.
Santiago v. Tulane University Hospital & Clinic 115 So. 3d 675 La. Ct. App. 1st Cir. 2013
Div. of Hospitals, and Article 1153 in denying writs.
State Farm Mutual Automobile Ins. Co. v. Kenneth Forrestier La. Ct. App. 3d Cir. 2013
In its review, the supreme court noted the four-part “relation back” test expressed in Giroir v. South Louisiana Medical Center, Division of Hospitals, and quoted the portion of Allstate that used an analysis similar to that of Giroir.
State Farm Mutual Automobile Insurance Co. v. Forrestier 112 So. 3d 974 La. Ct. App. 1st Cir. 2013
In its review, the supreme court noted the four-part “relation back” test expressed in Giroir v. South Louisiana Medical Center, Division of Hospitals, and quoted the portion of Allstate that used an analysis similar to that of Giroir .
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
Ansardi v. Louisiana Citizens Property Insurance Corp. 111 So. 3d 460 La. Ct. App. 1st Cir. 2013
The jurisprudence explains that the “fundamental purpose of prescription statutes is only to afford a defendant economic and psychological security if no claim is made timely, and to protect him from stale claims and from the loss of non-preservation of relevant proof.” Giroir v. South Louisiana Medical Center, Div. of Hospitals
Major Patrick Calbert v. Orlando J. Batiste La. Ct. App. 3d Cir. 2013
Ctr., Div. of Hosps., Nini v. Sanford Bros., Inc.
Calbert v. Batiste 109 So. 3d 505 La. Ct. App. 1st Cir. 2013
Ctr., Div. of Hosps., Nini v. Sanford Bros., Inc.
Naquin v. Bollinger Shipyards, Inc. 102 So. 3d 875 La. Ct. App. 1st Cir. 2012
Reese v. State, Department of Public Safety and Corrections, 03-1615 (La.2/20/04)
Coston v. Seo 99 So. 3d 83 La. Ct. App. 1st Cir. 2012
The jurisprudence explains that the “fundamental purpose of prescription statutes is to afford a defendant economic and psychological security if no claim is made timely, and to protect him from stale claims and from the loss of non-preservation of relevant proof.” Giroir v. South Louisiana Medical Center, Div. of Hospitals