Warren v. Louisiana Medical Mutual Insurance Co.

| ]With all due respect, while I concur in the result reached by the majority dismissing plaintiffs’ suit, I disagree with the majority’s reliance upon the plurality opinion Borel v. Young, 07-0419 (La.7/1/08), 989 So.2d 42, on rehearing, which has no prec-edential authority to support the holding that the three-year provision in La.Rev. Stat. § 9:5628 is prescriptive, and its reaffirmation of Hebert v. Doctors Memorial Hosp., 486 So.2d 717 (La.1986).1 For the following reasons. I find plaintiffs’ action is perempted by the clear language of La.Rev.Stat. § 9:5628, and write separately to…