Legal Opinion

Benson v. ABC Insurance Co.

Louisiana Court of Appeal

Decided November 7, 2012No. Nos. 12-517, 12-385PublishedCited by 6 opinions

1Opinion of the Court

PAINTER, Judge.

| plaintiff, Nolan J. Benson, Sr., in proper person, appeals the dismissal of his petition for damages on the ground of prescription. He also appeals the trial court’s denial of his motion for new trial. Finding that the filing of a petition with only a fictitiously named defendant does not interrupt prescription, we affirm both.

FACTS AND PROCEDURAL HISTORY

On July 28, 2010, Plaintiff was allegedly involved in some sort of altercation with deputies of the Avoyelles Parish Sheriffs Office who had just arrested, or were in the process of arresting, Plaintiffs son. On July 28,…

2Cases cited11 opinions

  1. Campo v. CorreaSupreme Court of Louisiana · 2002
  2. Carter v. HaygoodSupreme Court of Louisiana · 2005
  3. Kevin Associates, LLC v. CrawfordSupreme Court of Louisiana · 2004
  4. Campbell v. Tork, Inc.Supreme Court of Louisiana · 2004
  5. TCC Contractors, Inc. v. Hospital Service District No. 3 of the Parish of LafourcheLouisiana Court of Appeal · 2010

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3Cited by6 opinions

  1. Felix v. Safeway Insurance Co.Louisiana Court of Appeal · 2015
  2. Mendoza v. MendozaLouisiana Court of Appeal · 2018
  3. Freeman v. Zara's Food Store, Inc.Louisiana Court of Appeal · 2016
  4. Neivens v. Estrada-BelliLouisiana Court of Appeal · 2017
  5. Ashley Morris v. Jones Funeral Home, Inc.Louisiana Court of Appeal · 2021

1 more not listed; retrieve them via the Exa API.

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