Legal Opinion
Artholee v. Trinity Universal Insurance Co. of Kansas
Louisiana Court of Appeal
Decided February 4, 2009No. 08-1053PublishedCited by 2 opinions
1Opinion of the Court
PAINTER, Judge.
11 Plaintiffs appeal the trial court’s dismissal, pursuant to an exception of prescription, of their suit for damages resulting from a toxic mold infestation of their prior workplace.
DISCUSSION
On appeal, Plaintiffs assert that the trial court erred in finding that their petition showed that the action was prescribed on its face and in shifting the burden of proof regarding the peremptory exception of prescription from the mover to Plaintiffs; in sustaining Defendants’ exception of prescription when they failed to meet the burden of proving that prescription was not suspended;…
2Cases cited9 opinions
- Corsey v. State, Through Dept. of CorrectionsSupreme Court of Louisiana · 1979
- Wimberly v. GatchSupreme Court of Louisiana · 1994
- Kirby v. FieldLouisiana Court of Appeal · 2005
- Ledet v. MillerLouisiana Court of Appeal · 1984
- Opelousas General Hosp. v. GuilloryLouisiana Court of Appeal · 1983
4 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Ned v. Union Pacific Corp.Louisiana Court of Appeal · 2015
- Gloria M. Ned v. Union Pacific Railroad CompanyLouisiana Court of Appeal · 2015