Cited by
Opinions in Louisiana that cite Giroir v. SOUTH LA. MEDICAL CTR., ETC., 475 So. 2d 1040.
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Howard v. Edmon
811 So. 2d 226
La. Ct. App. 2d Cir. 2002
the Louisiana Supreme Court set forth a four-part test for determining whether an amendment adding new plaintiffs would relate back to the date of the filing of the original petition.
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Renfroe v. State ex rel. Dept. of Transportation & Development
809 So. 2d 947
La. 2002
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 proof.
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Renfroe v. STATE EX REL. DEPT. OF TRANSP.
809 So. 2d 947
La. 2002
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 proof.
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Elmer v. West Jefferson Levee Dist.
803 So. 2d 229
La. Ct. App. 5th Cir. 2002
Giroir v. South Louisiana Medical Center, Div. Of Hospitals
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Brown v. Our Lady of the Lake Regional Medical Center
803 So. 2d 1135
La. Ct. App. 1st Cir. 2001
Medical Ctr., , 1045 (La.1985).
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Gorham v. HCA Health Services of La.
786 So. 2d 348
La. Ct. App. 2d Cir. 2001
The leading case governing this question is Giroir v. South Louisiana Medical Center, *352 Division of Hospitals, (La.
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Trentecosta v. Beck
786 So. 2d 885
La. Ct. App. 4th Cir. 2001
Giroir v. South Louisiana Medical Center, Division of Hospitals, Phillips v. Palumbo, 94-1323 (La.App.
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Huffman v. Goodman
784 So. 2d 718
La. Ct. App. 2d Cir. 2001
[13] For cases involving the addition of plaintiffs, see Giroir v. South Louisiana Medical Center, Div. of Hospitals, (La.
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Harvill v. Arnold
777 So. 2d 1271
La. Ct. App. 2d Cir. 2001
In Giroir v. South Louisiana Medical Center, Div. of Hospitals, the supreme court set forth four factors to be considered when determining whether an amended petition adding or substituting a plaintiff should be allowed to relate back to the date of the filing of the original petition.
- Delmore v. Hebert 768 So. 2d 251 La. Ct. App. 1st Cir. 2000
- Smith v. Cutter Biological 770 So. 2d 392 La. Ct. App. 4th Cir. 2000
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Strouse v. M & M PROPERTIES
753 So. 2d 434
La. Ct. App. 2d Cir. 2000
In re Gaines v. Bruscato, 30,340 (La.App.2d Cir.04/08/98), , writ denied, 98-1272 (La.06/26/98), .
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Houston Industries, Inc. v. Fitch
752 So. 2d 974
La. Ct. App. 2d Cir. 2000
In re Gaines v. Bruscato, 30,340 (La.App.2d Cir.04/08/98), , writ denied, 98-1272 (La.06/26/98)
- Smith v. Arcadian Corp. 753 So. 2d 880 La. Ct. App. 5th Cir. 1999
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Baton Rouge Ass'n of School Employees, Local 100 Service Employees International Union v. East Baton Rouge Parish School …
729 So. 2d 1154
La. Ct. App. 1st Cir. 1999
In Giroir v. South Louisiana Medical Center, Division of Hospitals, the supreme court established the following criteria which would allow an amendment adding a plaintiff to relate back to an 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 have
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BATON ROUGE ASS'N v. School Bd.
729 So. 2d 1154
La. Ct. App. 1st Cir. 1999
In Giroir v. South Louisiana Medical Center, Division of Hospitals, the supreme court established the following criteria which would allow an amendment adding a plaintiff to relate back to an 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 have
- Thomas v. Connolly 726 So. 2d 1052 La. Ct. App. 2d Cir. 1999
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Layman v. City of New Orleans
753 So. 2d 254
La. Ct. App. 4th Cir. 1998
Plaintiff-appellant also contends that the substitution of Hufcor as a party defendant should be allowed to relate back to the filing of the original petition under Giroir v. South Louisiana Medical Center, Div. of Hospitals, and LSA-C.C.P.
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Thomas v. SISTER OF CHARITY
713 So. 2d 466
La. 1998
Ctr., which held that a supplemental petition for damages, filed by the tort victim's legitimate children more than one year after her death, related back under La.Code Civ.
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Traylor v. Reliance Ins. Co.
715 So. 2d 1253
La. Ct. App. 4th Cir. 1998
The respondent asserts that: "The respondent intervenor relies upon the Supreme Court decision in Giroir v. South Louisiana Medical Center, Div. of Hospitals, (La.
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Distinguished
Jeansonne v. Canal Indemnity Insurance Co.
714 So. 2d 836
La. Ct. App. 1st Cir. 1998
The facts of this case are distinguishable from the facts in Giroir v. South Louisiana Medical Center, et al., and Moore v. Gencorp, Inc.
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Small v. Baloise Ins. Co. of America
753 So. 2d 234
La. Ct. App. 4th Cir. 1998
1044 (La.1985); Lirette v. Feagin, 95-1997 (La.App.
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Gaines v. Bruscato
712 So. 2d 552
La. Ct. App. 2d Cir. 1998
See Giroir v. South Louisiana Medical Center, Division of Hospitals
- Terrel v. Perkins 704 So. 2d 35 La. Ct. App. 1st Cir. 1997
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Hudnall v. Volk
702 So. 2d 909
La. Ct. App. 1st Cir. 1997
Medical Ctr., Etc., is dispositive of the prescription plea.
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Watson v. Parsons
700 So. 2d 1024
La. Ct. App. 1st Cir. 1997
the Louisiana Supreme Court established a four part test for determining whether an amended petition adding a new plaintiff relates back under LSA-C.C.P.
- Thomas v. Sister of Charity of the Incarnate Word 694 So. 2d 563 La. Ct. App. 2d Cir. 1997
- Tureaud v. Acadiana Nursing Home 696 So. 2d 15 La. Ct. App. 3d Cir. 1997
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West v. Parish of Jefferson
685 So. 2d 371
La. Ct. App. 5th Cir. 1996
Giroir v. South Louisiana *375 Medical Center
- Allison v. Griffin Industries 676 So. 2d 885 La. Ct. App. 1st Cir. 1996
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Lirette v. Feagin
667 So. 2d 1196
La. Ct. App. 1st Cir. 1996
Medical Center, the Supreme Court held that 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 either knew or should have known of the existence and involve
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Rowsey v. Jones
655 So. 2d 560
La. Ct. App. 2d Cir. 1995
Medical Ctr., , 1045 (La.1985).
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Phillips v. Palumbo
648 So. 2d 40
La. Ct. App. 4th Cir. 1994
the Louisiana Supreme Court established a four part test for determining whether an amended petition adding a new plaintiff relates back under La.C.C.P.
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Merrit v. Administrators of the Tulane Educational Fund
639 So. 2d 881
La. Ct. App. 1st Cir. 1994
Medical Center, Etc., which sets out a four part test to determine whether an amendment relates back to the date of the original petition.
- Baker v. Conagra Broiler Co. 640 So. 2d 494 La. Ct. App. 3d Cir. 1994
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Centanni v. Ford Motor Co.
636 So. 2d 1153
La. Ct. App. 3d Cir. 1994
Medical Center, , 1045 (La.
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Southside Civic Ass'n v. Warrington
635 So. 2d 721
La. Ct. App. 1st Cir. 1994
See Giroir v. South Louisiana Medical Center, Division of Hospitals, -44 (La.1985); -09 (La.App.
- Moore v. Gencorp, Inc. 633 So. 2d 1268 La. 1994
- Riddle v. Simmons 626 So. 2d 811 La. Ct. App. 2d Cir. 1993
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Monroe Medical Clinic, Inc. v. Hospital Corp. of Am.
622 So. 2d 760
La. Ct. App. 2d Cir. 1993
Medical Ctr., -609 (La.App.
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Taylor v. Giddens
618 So. 2d 834
La. 1993
1st Cir.1984), aff'd in part, rev'd in part, on other grounds, [both actions]; (La.App.
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Morton v. Ray
611 So. 2d 841
La. Ct. App. 4th Cir. 1992
Medical Ctr., Etc., held that a post-prescription amendment adding or substituting a plaintiff will relate back to the timely-filed 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 should have known of the
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Rogers v. Louisiana Oil & Tire Co.
608 So. 2d 263
La. Ct. App. 1st Cir. 1992
Medical Ctr., Etc., (La.
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Moisant v. Dominick
609 So. 2d 261
La. Ct. App. 1st Cir. 1992
to determine whether an amended petition related back to the date of the filing of the original petition.
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Nguyen v. Pausina
607 So. 2d 675
La. Ct. App. 4th Cir. 1992
The Court concluded that the amended petition, even though filed more than two years after the accident, met the test of Giroir v. South Louisiana Medical Center, etc., and related back to the original filing date.
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Thibaut v. Thibaut
607 So. 2d 587
La. Ct. App. 1st Cir. 1992
In Spencer-Wallington v. Service Merchandise , this court utilized *609 the criteria set forth by the supreme court in Giroir v. South Louisiana Medical Center, Division of Hospitals, to determine if the plaintiffs UTACPL claim had been timely filed.
- Montminy v. Jobe 600 So. 2d 121 La. Ct. App. 2d Cir. 1992
- Faraldo v. Hanover Ins. Co. 600 So. 2d 81 La. Ct. App. 4th Cir. 1992
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Mitchell v. State ex rel. Department of Transportation & Development
596 So. 2d 353
La. Ct. App. 1st Cir. 1992
Medical Ctr., Etc., explains the criteria for determining when an amendment adding a plaintiff relates back to the time of the filing of the original petition, such that the running of prescription is avoided.
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Mitchell v. STATE, THROUGH DOTD
596 So. 2d 353
La. Ct. App. 3d Cir. 1992
Medical Ctr., Etc., (La.