Cited by

Opinions in Louisiana that cite Wimberly v. Gatch, 635 So. 2d 206.

132 citing documents.

Douglas Bienvenu v. 1 and 2 87184 C/W John Doe v. 1 and 2 87515 La. 2024
Maria Assunta Del Vescovo, Giulia Nasini, Giuliano Nasini and Maria Nasini, Individually and on Behalf of Their Husband … La. Ct. App. 4th Cir. 2023
T. S v. Congregation Of Holy Cross Southern Province La. 2023
In support of his argument, (La.
Carrie Walker on Behalf of Her Minor Child Abigail Fried Versus Ace American Insurance Corporation, Esis, Inc. and … La. Ct. App. 5th Cir. 2021
Karen May,et Al. v. the Succession of Mayo Romero La. Ct. App. 3d Cir. 2020
State of La, Admin Div,office of Community Develop, Disaster Recov v. Wallace L. Styron Kristy B. Styron La. Ct. App. 3d Cir. 2020
4/11/94), clarified that three theories may be used by a plaintiff “to establish that prescription has not run, to wit, suspension, interruption, or renunciation.” As did the plaintiffs in Wimberly, OCD-DRU relies on the 2 2020 WL 1671565 7 suspensive the
Hunt Guillot and Associates, LLC v. Terry Clark, John Jack, Gary Evans, Kirk Trosclair and Ronald McClung La. Ct. App. 2d Cir. 2020
4/11/94), Alexander v. Fulco, 39,293 (La.
N. G. v. A. C. La. Ct. App. 3d Cir. 2019
In re Med. Review Complaint By Daron Downing 272 So. 3d 55 La. Ct. App. 4th Cir. 2019
Wimberly v. Gatch , , 211 (La.
Barkerding v. Whittaker 263 So. 3d 1170 La. Ct. App. 1st Cir. 2018
Ramos v. Le 261 So. 3d 959 La. Ct. App. 1st Cir. 2018
Lennie v. Exxon Mobil Corp. 251 So. 3d 637 La. Ct. App. 1st Cir. 2018
In re Guidry 225 So. 3d 1169 La. Ct. App. 1st Cir. 2017
Kelly ex rel. Williams v. Schumpert 195 So. 3d 14 La. Ct. App. 2d Cir. 2016
Prescription is suspended under the fourth category of contra non valentón when “some cause of action is not known or reasonably knowable by the plaintiff, even thqugh his ignorance is not induced by the defendant.” Wimberly v. Gatch, 93-2361 (La.04/11/94), ; Davis v. Johnson, 45,200 (La.App.2d Cir.05/05/10), .
Estate of Shelli Belaire (Judge J. Ayo O/B/O G. M. A.) v. Crawfish Town USA La. Ct. App. 3d Cir. 2015
Estate of Belaire v. Crawfish Town USA 182 So. 3d 1093 La. Ct. App. 1st Cir. 2015
Wimberly v. Gatch, 93-2361 (La.4/11/94), .
Denham Homes, LLC v. Teche Federal Bank 182 So. 3d 108 La. Ct. App. 1st Cir. 2015
On the issue of suspension of prescription, we note the Louisiana Supreme Court’s recognition in Wimberly v. Gatch, 93-2361 (La.4/11/94), , of four limited situations where the doctrine of contra non valentem applies to prevent the running of prescription.
Prevo v. State ex rel. Department of Public Safety & Corrections Division of Probation & Parole 163 So. 3d 16 La. Ct. App. 2d Cir. 2015
Wimberly v. Gatch, 93-2361 (La.04/11/94), .
Robert v. Robert Management Co. 164 So. 3d 922 La. Ct. App. 1st Cir. 2015
Wimberly v. Gatch, 93-2361 (La.4/11/94), .
In re Medical Review Panel ex rel. Rachal 144 So. 3d 1199 La. Ct. App. 2d Cir. 2014
Prescription is suspended under the fourth category of contra non va-lentem when “some cause of action is not known or reasonably knowable by the plaintiff, even though his ignorance is not induced by the defendant.” Wimberly v. Gatch, 93-2361 (La.4/11/94), .
Cajun Industries, LLC v. Vermilion Parish School Board La. Ct. App. 3d Cir. 2014
Cajun Industries, LLC v. Vermilion Parish School Board 139 So. 3d 706 La. Ct. App. 1st Cir. 2014
See Wimberly v. Gatch, 93-2361 (La.4/11/94), .
Alvarez v. Southeast Commercial Cleaning, LLC 136 So. 3d 329 La. Ct. App. 1st Cir. 2014
Wimberly v. Gatch, 93-2361 (La.4/11/94), .
Hardin Compounding Pharmacy, LLC v. Progressive Bank 125 So. 3d 493 La. Ct. App. 2d Cir. 2013
HCP also urges that even if the one-year period applies, then the jurisprudential rule of contra non valentem, specifically the “discovery rule,” would apply to suspend prescription “where some cause of action is not known or reasonably knowable by the plaintiff, even though this ignorance is not induced by the defendant.” Wimberly v. Gatch, 93-2861 (La.4/11/94), .
Specialized Loan Servicing, L.L.C. v. January 119 So. 3d 582 La. 2013
See e.g., Wimberly v. Gatch, 93-2361 (La.4/11/94), .
Paul Le, Indiv. and D/B/A Bonsai Sushi Downtown Lafayette, LLC v. the Bradford Group, LLC La. Ct. App. 3d Cir. 2012
Le v. Bradford Group, LLC 105 So. 3d 186 La. Ct. App. 1st Cir. 2012
Wimberly v. Gatch, 98-2361 (La.4/11/94), .
Williams v. Library 111 So. 3d 356 La. Ct. App. 1st Cir. 2012
See Wimberly v. Gatch, 93-2361 (La.4/11/94), .
Katherine Sepulvado v. Rebecca Procell La. Ct. App. 3d Cir. 2012
Sepulvado v. Procell 99 So. 3d 1107 La. Ct. App. 1st Cir. 2012
Wimberly v. Gatch, 93-2361 (La.4/11/94), .
George McCarthy v. Entergy Gulf States, Inc. La. Ct. App. 3d Cir. 2011
This is known as the suspensive theory of contra non valentem agere nulla currit praescripto, or ― ‗prescription does not run against a party unable to act.‘ ‖ Wimberly v. Gatch, 93-2361, p. 4 (La.4/11/94)
McCarthy v. Entergy Gulf States, Inc. 82 So. 3d 336 La. Ct. App. 1st Cir. 2011
This is known as the suspensive theory of contra non va-lentem agere nulla currit praescripto, or “ ‘prescription does not run against a party unable to act.’ ” Wimberly v. Gatch, 93-2361, p. 4 (La.4/11/94); .
Becker v. Murphy Oil Corp. 70 So. 3d 885 La. Ct. App. 1st Cir. 2011
5 Cir.1992) (Where a progressive occupational disease is involved, prescription begins to run when the disease has manifested itself and the victim is aware of it)); or torts involving juveniles (Wimberly v. Gatch, 93-2361 (La.4/11/94), (Doctrine of contra non valen-tem suspended running of prescription until parents of molested child learned about molestation)).
Marin v. Exxon Mobil Corp. 48 So. 3d 234 La. 2010
*251 App. 5 Cir.1992) (Where a progressive occupational disease is involved, prescription begins to run when the disease has manifested itself and the victim is aware of it)); or torts involving juveniles (Wimberly v. Gatch, 93-2361 (La.4/11/94), (Doctrine of contra non valentem suspended running of prescription until parents of molested child learned about molestation)).
Costello v. Citibank (South Dakota), N.A. 48 So. 3d 1108 La. Ct. App. 2d Cir. 2010
The supreme court discussed the doctrine of contra non valentem in Wimberly v. Gatch, 93-2361 (La.04/11/94), .
Guillot v. Daimlerchrysler Corp. 50 So. 3d 173 La. Ct. App. 1st Cir. 2010
The doctrine of contra non va-lentem agere nulla currit praescriptio, an exception to the rule that prescription runs against all persons unless provided by legislation, 8 arose from a “long-established principle of law that one should not be able to take advantage of his own wrongful act.” 9 Wimberly v. Gatch, 93-2361 (La.4/11/94)
Hammond ex rel. Estate of Tillman v. St. Francis Medical Center, Inc. 38 So. 3d 1270 La. Ct. App. 2d Cir. 2010
Prescription is suspended under the fourth category of contra non va-lentem when “some cause of action is not known or reasonably discoverable by the plaintiff, even though his ignorance is not induced by the defendant.” Wimberly v. Gatch, 93-2361 (La.4/11/94), .
Bosarge v. DePaul/Tulane Behavioral Health Center 39 So. 3d 790 La. Ct. App. 1st Cir. 2010
LeBreton v. Rabito, 97-2221, p. 6 (La.7/8/98), , citing Wimberly v. Gatch, 93-2361 (La.4/11/94), .
Davis v. Johnson 36 So. 3d 439 La. Ct. App. 2d Cir. 2010
Prescription is suspended under the fourth category of contra non va-lentem when “some cause of action is not known or reasonably knowable by the plaintiff, even though his ignorance is not induced by the defendant.” Wimberly v. Gatch, 93-2361 (La.4/11/94), .
Sperandeo v. OSABAS 33 So. 3d 269 La. Ct. App. 5th Cir. 2010
See also, Wimberly v. Gatch, 93-2361 (La.4/11/94); .
Monson v. Travelers Property & Casualty Insurance Co. 30 So. 3d 66 La. Ct. App. 5th Cir. 2009
Wimberly v. Gatch, 93-2361 (La.4/11/94), -12 .
Marino v. Tenet Healthsystem Medical Center, Inc. 26 So. 3d 297 La. Ct. App. 1st Cir. 2009
LeBreton v. Rabito, 97-2221, p. 6 (La.7/8/98), (citing Wimberly v. Gatch, 93-2361 (La.4/11/94), ).
Allstate Insurance Co. v. Fred's, Inc. 18 So. 3d 172 La. Ct. App. 2d Cir. 2009
Wimberly v. Gatch, 93-2361 (La.4/11/94), ; Thornton v. City of Shreveport, 38,025 (La.App.
State of Louisiana v. Lee Vidrine La. Ct. App. 3d Cir. 2009
4/11/94), our supreme court stated similar expert testimony “should be admissible for the limited purpose of explaining, in general terms, certain reactions of a child to sexual abuse like delayed reporting and recantation, when the child victim/witness’ credibility is attacked.” Id.
State v. Vidrine 9 So. 3d 1095 La. Ct. App. 1st Cir. 2009
In Wimberly v. Gatch, 93-2361 (La.4/11/94), , our supreme court stated similar expert testimony “should be admissible for the limited purpose of explaining, in general terms, certain reactions of a child to sexual abuse like delayed reporting and recantation, when the child victim/witness’ credibility is attacked.” Id.
Wooley v. Lucksinger 14 So. 3d 311 La. Ct. App. 1st Cir. 2009
Wimberly v. Gatch, 93-2361, p. 7 (La.4/11/94), ; Amoco Production Co. v. Texaco, Inc., 2002-0240, p. 7 (La.App.
Greta (Davis) Artholee v. Trinity Universal Insurance Co. of Kansas, Inc. La. Ct. App. 3d Cir. 2009
Artholee v. Trinity Universal Insurance Co. of Kansas 3 So. 3d 611 La. Ct. App. 1st Cir. 2009
The factual categories in which prescription may be suspended under the doctrine are delineated in Wimberly v. Gatch, 93-2361(La.1994), .
Mims Ex Rel. Unopened Succession of Mims v. Lifecare Hospitals, LLC 1 So. 3d 660 La. Ct. App. 2d Cir. 2008
Prescription is suspended under the fourth category of contra non va-lentón when “some cause of action is not known or reasonably knowable by the plaintiff, even though his ignorance is not induced by the defendant.” Wimberly v. Gatch, 93-2361 (La.4/11/94), .
Wilhike v. Polk 999 So. 2d 83 La. Ct. App. 4th Cir. 2008
at p. 3, 740 So.2d at 185 (citing Wimberly v. Gatch, 93-2361 (La.4/11/94), , rehearing denied 5/12/94).