Aguiar v. Marriott Corp.

The majority does not specify whether the determinative December 5,1990 date is when the injury developed or the date of the “accident” under LSA-R.S. 23:1209(A) [“... the limitation shall not take effect until expiration of one year from the time the injury develops, but in all cases ... within two years from the date of the accident”]. However, for the following reasons, I do not think this determination is necessary.

In Houston v. Kaiser Aluminum & Chemical Corp., 531 So.2d 1129 (La.App. 4th Cir.1988), suit was filed in November 1984. The court determined that the plaintiffs progressive…