Legal Opinion

State ex rel. Division of Administration v. McInnis Bros. Construction

Louisiana Court of Appeal

Decided February 26, 1997No. 28905-CWPublishedCited by 2 opinions

1Opinion of the Court

JiGASKINS, Judge.

The defendant, Mclnnis Brothers Construction Company, seeks review of a trial court decision finding that the doctrine of contra non valentem agere nulla currit praes-criptio (contra non valentem) operates to suspend the running of the five-year prescriptive period in La.R.S. 38:2189 of the Public Works Act. For the following reasons, we *929affirm the trial court judgment denying the defendant’s exception of prescription, based upon a finding that the doctrine of contra non valentem applies to La.R.S. 38:2189.

FACTS

On June 3, 1982, the State of Louisiana entered into a…

2Cases cited10 opinions

  1. Corsey v. State, Through Dept. of CorrectionsSupreme Court of Louisiana · 1979
  2. Wimberly v. GatchSupreme Court of Louisiana · 1994
  3. St. Charles Parish School Bd. v. GAF Corp.Supreme Court of Louisiana · 1987
  4. Orleans Parish School Board v. Pittman Construction Co.Supreme Court of Louisiana · 1972
  5. Caro v. Bradford White Corp.Louisiana Court of Appeal · 1996

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3Cited by2 opinions

  1. State v. McInnis Bros. Const.Supreme Court of Louisiana · 1997
  2. Richardson v. SayLouisiana Court of Appeal · 1999

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