Cited by

Opinions in Louisiana that cite Taylor v. Giddens, 618 So. 2d 834.

123 citing documents.

Kenneth Ford v. Rapides Healthcare System, L.L.C. La. Ct. App. 3d Cir. 2007
“The date of the malpractice victim’s death determines when the prescriptive period commences running, as that is the date the claimants are injured.”
Hardy v. Horace Mann Ins. Co. 956 So. 2d 182 La. Ct. App. 3d Cir. 2007
Mitchell v. Rehabilitation Institute of New Orleans, Inc. 953 So. 2d 75 La. Ct. App. 4th Cir. 2007
7 In the second assignment of error, the prescriptive period applicable to the plaintiffs’ wrongful death claims is the one-year period found in La.
Palermo v. Port of New Orleans 951 So. 2d 425 La. Ct. App. 4th Cir. 2007
Ly v. State, Through Dep't of Public Safety and Corrections, (La.App.
Kelly Bailey v. Aig Insurance La. Ct. App. 3d Cir. 2006
It is in the nature of a succession right.” [, 840] (La.1993).
Bailey v. AIG INSURANCE 943 So. 2d 1278 La. Ct. App. 3d Cir. 2006
McGee v. AC AND S, INC. 933 So. 2d 770 La. 2006
Palermo v. Port of New Orleans 933 So. 2d 168 La. Ct. App. 4th Cir. 2006
Ly v. State, Through Dep't of Public Safety and Corrections, (La.App.
In Re Brewer 934 So. 2d 823 La. Ct. App. 1st Cir. 2006
White v. Robinson Lumber Co. 929 So. 2d 231 La. Ct. App. 1st Cir. 2006
Williams v. Sewerage & Water Bd.
Vincent Alexander v. Amelia Manor Nursing Home, Inc. La. Ct. App. 3d Cir. 2006
This prescription commences to run from the day injury or damage is sustained.”
Alexander v. AMELIA MANOR NURSING HOME 924 So. 2d 409 La. Ct. App. 3d Cir. 2006
Wharton v. Ridgell 922 So. 2d 461 La. 2006
Carter v. Haygood 892 So. 2d 1261 La. 2005
*1270 and In re Medical Review Panel for Claim of Moses, 00-2643, p. 11 (La.5/25/01), , we noted the possibility that continued treatment combined with a continued professional relationship could possibly result in a suspension of prescription.
Bulot v. Intracoastal Tubular Services, Inc. 888 So. 2d 1017 La. Ct. App. 1st Cir. 2004
the Louisiana Supreme Court distinguished the wrongful death and survival actions: Although both actions arise from a common tort, survival and wrongful death actions are separate and distinct.
Landry v. Avondale Industries, Inc. 877 So. 2d 970 La. 2004
cataloging the distinctions between the survival action and the wrongful death action.
Gibbs v. Magnolia Living Center, Inc. 870 So. 2d 1111 La. Ct. App. 2d Cir. 2004
Landry v. Avondale Industries, Inc. 864 So. 2d 117 La. 2004
Day v. MOREHOUSE GENERAL HOSP. 865 So. 2d 924 La. Ct. App. 2d Cir. 2004
In Taylor v. Giddens, 24,054 (La.10/18/93), , the supreme court explained that survival and wrongful death actions are separate and distinct even though they arise out of the same tort, since each arises at a different time and addresses damages for totally different injuries and losses.
Brenda Sue Carter, Et Ux. v. Gary Stephen Haygood, Dds La. Ct. App. 3d Cir. 2003
we noted the possibility that continued treatment combined with a continued professional relationship could result in a suspension of prescription.
Carter v. Haygood 865 So. 2d 824 La. Ct. App. 1st Cir. 2003
we noted the possibility that continued treatment combined with a continued professional relationship could result in a suspension of prescription.
Martin v. Comm-Care Corp. 859 So. 2d 217 La. Ct. App. 2d Cir. 2003
Greer v. Johnson 855 So. 2d 898 La. Ct. App. 2d Cir. 2003
the Louisiana Supreme Court concluded that a survival action in a medical malpractice' case is governed by the one and three year prescriptive periods contained in La.
Wingfield v. State ex rel. Department of Transportation & Development 835 So. 2d 785 La. Ct. App. 1st Cir. 2002
Wingfield v. STATE, DEPT. OF TRANSP. 835 So. 2d 785 La. Ct. App. 1st Cir. 2002
Ostarly v. ZONING APPEALS BD. OF JEFFERSON 830 So. 2d 542 La. Ct. App. 5th Cir. 2002
art. 1880; , (La.1993); Lemire v. New Orleans Public Service, Inc., Facio v. Glaviano, 95-35, (La.App.
Benoit v. Archer 820 So. 2d 1275 La. Ct. App. 1st Cir. 2002
we noted the possibility that continued treatment combined with a continued professional relationship could result in a suspension of prescription.
Brown v. Our Lady of the Lake Regional Medical Center 803 So. 2d 1135 La. Ct. App. 1st Cir. 2001
Martin v. State, Charity Hospital & Medical Center of Louisiana ex rel. Louisiana Health Care Authority 811 So. 2d 3 La. Ct. App. 1st Cir. 2001
“The survival action comes into existence simultaneously with the existence of the tort and is transmitted to beneficiaries upon the victim’s death and permits recovery only for damages suffered by the victim from the time of injury to the moment of death.” Walls v. American Optical Corp., 98-0455 (La.9/8/99), ( (Fla.App.1993)).
In Re Medical Review Panel, Claim of Moses 788 So. 2d 1173 La. 2001
we noted the possibility that continued treatment combined with a continued professional relationship could result in a suspension of prescription.
Gorham v. HCA Health Services of La. 786 So. 2d 348 La. Ct. App. 2d Cir. 2001
Before applying the Giroir test to the facts of the instant case, (La.
Smith v. Cutter Biological 770 So. 2d 392 La. Ct. App. 4th Cir. 2000
Rajnowski v. ST. PATRICK HOSP. OF LAKE CHARLES 768 So. 2d 88 La. Ct. App. 3d Cir. 2000
Boutte v. Jefferson Parish Hosp. Serv. 759 So. 2d 45 La. 2000
School, 95-0157 (La.10/16/95), ; Vallo v. Gayle Oil Co., Inc., 94-1238 (La.11/30/94), ; Taylor v. *51 Giddens, Becker v. Allstate Ins.
McNeely v. Ford Motor Co., Inc. 763 So. 2d 659 La. Ct. App. 1st Cir. 1999
Ainsworth v. Bulloch 749 So. 2d 886 La. Ct. App. 2d Cir. 1999
Boullt v. State Farm Mut. Auto. Ins. Co. 752 So. 2d 739 La. 1999
Guidry, 377 So.2d at 319 ; and LA.CIV.CODE art. 2315.2.
Gladney v. Sneed 742 So. 2d 642 La. Ct. App. 2d Cir. 1999
Walls v. American Optical Corp. 740 So. 2d 1262 La. 1999
Brown v. Drillers, Inc., 93-1019 (La.1/14/94), , the court below concluded that the wrongful death claim of the relatives of Mr. Walls did not arise until March 17, 1995, the date he died, long after the October 1, 1976 effective date of the
Acosta v. Campbell 744 So. 2d 112 La. Ct. App. 4th Cir. 1999
The suspensive effect of a (La.
Bulot v. Intracoastal Tubular Serv., Inc. 730 So. 2d 1012 La. Ct. App. 4th Cir. 1999
wherein the court reiterated the principle that wrongful death actions arise only upon the death of the decedent, and compensate the beneficiaries for damages suffered by them only from the moment of the death of the decedent and thereafter.
In Re Medical Review Panel for Dede 729 So. 2d 603 La. Ct. App. 4th Cir. 1998
the Louisiana Supreme Court concluded that a survival action in a medical malpractice case is governed by the prescriptive period contained in La.
Domingue v. ABC Corp. 720 So. 2d 806 La. Ct. App. 1st Cir. 1998
Conerly v. State 714 So. 2d 709 La. 1998
(holding similarly with respect to the Medical Malpractice Act applicable to private health care providers).
LeBreton v. Rabito 714 So. 2d 1226 La. 1998
Quibodeaux v. MEDICAL CENTER OF SW LA. 707 So. 2d 1380 La. Ct. App. 3d Cir. 1998
Meredith v. Asbestos Corp., Ltd. 707 So. 2d 1334 La. Ct. App. 4th Cir. 1998
Wartelle v. Women's and Children's Hosp., Inc. 704 So. 2d 778 La. 1997
Taylor v. Giddens, 92-3054 (La.5/24/93), .
Walls v. American Optical Corp. 703 So. 2d 800 La. Ct. App. 5th Cir. 1997
Gauthe v. Asbestos Corp. Ltd. 703 So. 2d 763 La. Ct. App. 5th Cir. 1997