Giroir v. South Louisiana Medical Center, Division of Hospitals
Supreme Court of Louisiana
1Opinion of the Court
DENNIS, Justice.
The main question presented is whether an amended petition, adding children as new plaintiffs in wrongful death and survival actions based on the death of their mother after prescription had run, relates back to the date of the filing of their father’s timely original petition. The trial court permitted the amended petition to relate back and after a trial awarded the father and children damages. The court of appeal, 453 So.2d 949, struck the children’s award, holding that their claims did not relate back and were time barred. We reverse as to the children’s claims and…
2Cases cited31 opinions
- Ray v. Alexandria MallSupreme Court of Louisiana · 1983
- Allen Williams B/n/f Louise J. Smyre v. United StatesCourt of Appeals for the Fifth Circuit · 1968
- John Staren and David Henner v. American National Bank and Trust Company of Chicago, a CorporationCourt of Appeals for the Seventh Circuit · 1976
- The Travelers Indemnity Company v. United States of America for the Use of Construction Specialties CompanyCourt of Appeals for the Tenth Circuit · 1967
- Ingenito v. Bermec Corp.District Court, S.D. New York · 1977
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3Cited by97 opinions
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- Naghi v. BrenerSupreme Court of Louisiana · 2009
- Thibaut v. ThibautLouisiana Court of Appeal · 1992
- Warren v. Louisiana Medical Mutual Insurance Co.Supreme Court of Louisiana · 2009
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