Eaton v. Garely

In re Garely, Alan D. M.D. et al.; Yordan-Jovet, Raul, M.D.; Meaux, Rachelle M.D.; — Defendant(s); Applying for Supervisory and/or Remedial Writs, Parish of Orleans, Civil District Court Div. B, No. 99-16684; to the Court of Appeal, Fourth Circuit, No. 2002-C-0922.

Granted. Although the filing of the claim in the wrong agency suspended prescription under the pre 1997 version of La. R.S. 40:1299.47A(2)(a), prescription began to run pursuant to that statute when the agency advised plaintiffs that the defendant was not qualified. Plaintiffs did not file their claim with the proper agency within…