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Cited by

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

184 citing documents.

  • Bailey ex rel. Brown v. Exxonmobil Corp. 102 So. 3d 167 La. Ct. App. 1st Cir. 2012
    Giroir v. South Louisiana Medical Center, Div. of Hospitals
  • Northa Lee Holmes v. Triad Hospitality D/B/A Clarion Hotel La. Ct. App. 3d Cir. 2012
  • Holmes v. Triad Hospitality 89 So. 3d 532 La. Ct. App. 1st Cir. 2012
  • Stewart v. Continental Casualty Co. 79 So. 3d 1047 La. Ct. App. 1st Cir. 2011
    Paul Property & Liability Ins., (1983), or adding a plaintiff, Giroir [v. South Louisiana Medical Center, Div. of Hospitals, ], sup ra, if certain conditions are satisfied.
  • Bates v. City of Shreveport 69 So. 3d 1205 La. Ct. App. 2d Cir. 2011
    art. 1153 therefore, Mr. Yawn’s claims have not prescribed.
  • Kevin v. City of Oberlin 60 So. 3d 1205 La. 2011
  • Hermo v. Amerisure Mutual Insurance Co. 56 So. 3d 372 La. Ct. App. 1st Cir. 2010
    Giroir v. South Louisiana Medical Center, Division of Hospitals
  • TCC Contractors, Inc. v. Hospital Service District No. 3 of the Parish of Lafourche 52 So. 3d 1103 La. Ct. App. 1st Cir. 2010
  • Roba, Inc. v. Courtney 47 So. 3d 500 La. Ct. App. 1st Cir. 2010
    (La.1985) allowed the relation back of an amended petition to allow the addition of the claims of children to that of their father, the original plaintiff in a wrongful death suit, and developed a four step analysis with respect to weighing whether an amended claim relates back to the filing of an original petition.
  • Hogg v. Chevron USA, Inc. 45 So. 3d 991 La. 2010
    See Giroir v. South Louisiana Medical Center, Division of Hospitals
  • Lester v. Exxon Mobil Corp. 42 So. 3d 1071 La. Ct. App. 4th Cir. 2010
    In Giroir v. South Louisiana Medical Center, Div. of Hospitals, the court held that ...
  • Vaughn v. City of Baton Rouge 39 So. 3d 799 La. Ct. App. 1st Cir. 2010
    Ctr., , 1045 (La.1985)).
  • Kevin and Corliss Stenson, Etc. v. City of Oberlin La. Ct. App. 3d Cir. 2010
    To determine whether the Fuseliers’ petition relates back to the original Stenson petition
  • Stenson v. City of Oberlin 32 So. 3d 1159 La. Ct. App. 1st Cir. 2010
    To determine whether the Fuseliers’ petition relates back to the original Stenson petition
  • Estate of Robinson v. Continental Casualty Co. 31 So. 3d 1194 La. Ct. App. 2d Cir. 2010
    In Giroir v. South Louisiana Medical Center, Div. Of Hospitals, the decedent’s husband filed a survival action and wrongful death claim against several physicians and a hospital.
  • Biggs v. Hatter 32 So. 3d 355 La. Ct. App. 2d Cir. 2010
    In Giroir v. South Louisiana Medical Center, Division of Hospitals, the court stated that where a plaintiff only seeks to change the capacity in which the action is brought, or in which the defendant is sued, 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 o
  • 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
  • Hoff v. LOUISIANA SUPERDOME 24 So. 3d 1037 La. Ct. App. 4th Cir. 2009
  • Naghi v. Brener 17 So. 3d 919 La. 2009
    However, although that petition was not filed within the one-year period, the trial court found that period to be prescriptive, and held that, therefore, the petition would relate back to the original petition if the factors set forth in Giroir v. South Louisiana Medical Center, Div. of Hospitals, (La.
  • Warren v. Louisiana Medical Mutual Insurance Co. 21 So. 3d 186 La. 2009
    Ctr., Div. of Hospitals, (La.
  • Distinguished Gardner v. T & T BARGE AND MARINE, INC. 11 So. 3d 1245 La. Ct. App. 1st Cir. 2009
  • Taylor v. Babin 13 So. 3d 633 La. Ct. App. 1st Cir. 2009
    In Giroir v. South Louisiana Medical Center, Division of Hospitals, the Louisiana Supreme Court established a four-part test for determining whether an amended petition adding a new plaintiff filed after prescription had run relates back to the filing date of the original petition under La.
  • Boquet Ex Rel. Billiot v. SWDI, LLC 992 So. 2d 1059 La. Ct. App. 1st Cir. 2008
  • Martin v. Decker 985 So. 2d 752 La. Ct. App. 1st Cir. 2008
    See Giroir v. South Louisiana Medical Ctr., Division of Hospitals, , 1042 (La.1985); (La.
  • In Re Med. Malprac. Claims Regard. Diecidue 972 So. 2d 485 La. Ct. App. 5th Cir. 2007
    Further, notwithstanding that there is no authority for applying the rules of Civil Procedure to claims under the medical malpractice act, Perritt v. Dona, 02-2601, pp. 12-13 (La.7/2/03), , we find that consideration of the case, Giroir v. South Louisiana Medical Center, Div. of Hospitals, cited by both parties, supports our view.
  • Roger E. Piper v. Shetler Mutual Ins. Co. La. Ct. App. 3d Cir. 2007
    Louisiana Civil Code article 3447 defines liberative prescription as “a mode of barring of actions as a result of inaction for a period of time.” Justice Tate, in Giroir v. South Louisiana Medical Center, Div. of Hospitals, discussed the purpose of liberative prescription when he stated: 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- prese
  • Piper v. Shelter Mutual Ins. Co. 958 So. 2d 120 La. Ct. App. 3d Cir. 2007
    Justice Tate, in Giroir v. South Louisiana Medical Center, Div. of Hospitals, discussed the purpose of liberative prescription when he stated: The fundamental purpose of prescription statutes is only to afford a defendant *124 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 pr
  • Johnson v. LEDEOUX 957 So. 2d 911 La. Ct. App. 2d Cir. 2007
    1044 (La.1985), summarized the law as to late-added plaintiffs as follows: An amendment adding or substituting a plaintiff should be allowed to relate back if (1) the amended claim arises out of the same conduct, transaction or occurrence set forth in the original pleading; (2) the defendant knew or should have know
  • Matranga v. St. Paul Fire & Marine Insurance Co. 948 So. 2d 261 La. Ct. App. 4th Cir. 2006
    In addition to Allstate , the Appellant also cites Giroir v. South Louisiana Medical Center, Div. Of Hospitals
  • Jackson v. Estate of Jones 923 So. 2d 959 La. Ct. App. 2d Cir. 2006
    | ¡¡The Louisiana Supreme Court set forth a
  • Allstate Ins. Co. v. Doyle Giddings, Inc. 920 So. 2d 404 La. Ct. App. 2d Cir. 2006
    Smith v. Kaye's Food Market, 38,518 (La.App.2d Cir.05/19/04), , writs denied, 04-1560, 04-1498 (La.10/01/04), , 1008; Gaines v. Bruscato, 30,340 (La.
  • Cichirillo v. Avondale Industries, Inc. 917 So. 2d 424 La. 2005
    Stroud v. Morrison Nursery, 04-1610, p. 3 (La.App.
  • Richard v. Colomb 916 So. 2d 1122 La. Ct. App. 1st Cir. 2005
    1044-45 (La.1985) (sufficient notice to defendant and no prejudice found).
  • Mason v. Luther 903 So. 2d 1145 La. Ct. App. 3d Cir. 2005
  • Janie Audra Mason v. James A. Luther La. Ct. App. 3d Cir. 2005
  • A. Imogene Stroud v. Morrison Nursery La. Ct. App. 3d Cir. 2005
    Ctr., Craig v. Bantek W., Inc., 03-2757 (La.App.
  • Stroud v. Morrison Nursery 899 So. 2d 840 La. Ct. App. 3d Cir. 2005
    Ctr., Craig v. Bantek W., Inc., 03-2757 (La.App.
  • Winford v. Conerly Corp. 897 So. 2d 560 La. 2005
  • Bogue Lusa v. Environmental Quality 897 So. 2d 726 La. Ct. App. 1st Cir. 2004
    In Giroir v. South Louisiana Medical Center, Division of Hospitals, the Louisiana Supreme Court held that an amendment adding or substituting a plaintiff should be allowed to "relate back" to the original petition if: 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 shou
  • Joseph Leger v. Savoy Memorial Foundation, Inc. La. Ct. App. 3d Cir. 2004
  • Hennessey Construction Corp. v. Halpern 879 So. 2d 340 La. Ct. App. 1st Cir. 2004
  • New Orleans Firefighters Local 632 v. City of New Orleans 876 So. 2d 211 La. Ct. App. 1st Cir. 2004
    We stated as follows: the Louisiana Supreme Court established a four part [sic] test for determining whether | lfian amended petition adding a new plaintiff relates back under La.
  • Smith v. Kaye's Food Market 874 So. 2d 395 La. Ct. App. 2d Cir. 2004
    In re Gaines v. Bruscato, 30,340 (La.App.2d Cir.04/08/98), , writ denied, 98-1272 (La.06/26/98), .
  • Nguyen v. Fok 867 So. 2d 844 La. Ct. App. 5th Cir. 2004
    See also: Giroir v. South Louisiana Medical Center, Div. of Hospitals, (La.
  • Reese v. STATE DEPT. OF PUBLIC SAFETY 866 So. 2d 244 La. 2004
  • Musgrove v. Glenwood Regional Medical Center 855 So. 2d 984 La. Ct. App. 2d Cir. 2003
    Center, , 1044 (La.1985) (emphasis added); Thomas v. Connolly, supra .
  • Richard v. Jefferson Davis Nursing Home 829 So. 2d 1152 La. Ct. App. 1st Cir. 2002
    Faced with the same circumstance and the same argument by the plaintiff that the real issue is prejudice to the defendants, the court in Renfive, 809 So.2d at 951-52 (footnote omitted), said: As we stated in Giroir v. South Louisiana Medical Center, Div. of Hospitals, : 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
  • Cross v. Cross Marine, Inc. 822 So. 2d 193 La. Ct. App. 1st Cir. 2002
    to support the argument that his claims relate back to the original petition.
  • Cohen v. Brookshire Bros. Inc. 819 So. 2d 429 La. Ct. App. 3d Cir. 2002