Insurance Dispute Lawyer Blog
In a ruling emphasizing the critical importance of adhering to legal deadlines, the Louisiana Court of Appeal, Fifth Circuit, affirmed the dismissal of a personal injury lawsuit due to prescription, leaving the injured plaintiff without recourse. In the case, the court affirmed a trial court judgment that dismissed Tammy Blanchard’s personal injury claims due to prescription or the expiration of the time limit for filing a lawsuit.
In 2015, Ms. Blanchard filed a lawsuit alleging she was injured while walking on a grassy pathway to Gerry’s Place, a business in Jefferson Parish. She claimed she tripped over concrete debris left by contractors working on a nearby drainage canal project. The initial lawsuit named several defendants, including Gerry’s Place, Jefferson Parish entities, and an unnamed contractor referred to as “ABC Contractors.”
Later, Ms. Blanchard amended her petition to add Fleming Construction Company, LLC, and Shavers-Whittle Construction, LLC, as defendants after discovering their involvement in the construction project. However, these amended petitions were filed more than a year after the injury occurred.
The Issue of Prescription
Fleming and Shavers-Whittle filed an exception to prescription, arguing that the claims against them were time-barred because the amended petitions were filed beyond the one-year prescriptive period for personal injury cases in Louisiana. Ms. Blanchard countered, invoking the doctrine of contra non valentine, which can suspend the running of prescriptions under certain circumstances.
Trial Court’s Ruling
The trial court granted the exception of prescription, dismissing the claims against Fleming and Shavers-Whittle. It reasoned that the amended petitions were filed too late and that Ms. Blanchard failed to demonstrate that she exercised reasonable diligence in identifying and naming the correct defendants within the prescriptive period.
Court of Appeal’s Affirmation
The Court of Appeal affirmed the trial court’s decision. It emphasized that once a petition is prescribed on its face, the burden shifts to the plaintiff to prove that prescription has been suspended or interrupted. In this case, Ms. Blanchard failed to provide sufficient evidence to support her claim of contra non valentem.
The court noted publicly available information about the construction project and the involved contractors. Ms. Blanchard could have exercised reasonable diligence to identify the correct parties within the one-year prescriptive period. Her failure to do so resulted in her claims being time-barred.
Key Takeaways
This case serves as a stark reminder of the importance of adhering to legal deadlines. In Louisiana, the prescriptive period for personal injury cases is one year. If you fail to file your lawsuit within this timeframe, you may lose your right to seek compensation for your injuries.
The doctrine of contra non valentine can potentially suspend prescriptions under certain circumstances, such as when the plaintiff is prevented from filing suit due to factors beyond their control. However, the plaintiff must demonstrate that they exercised reasonable diligence in pursuing their claim.
If you have been injured, it is critical to consult with an attorney as soon as possible to ensure that your legal rights are protected and that you file your lawsuit within the applicable prescriptive period. Delaying legal action can have severe consequences, as illustrated in this case.
Remember: Time is of the essence in personal injury cases. Don’t let the clock run out on your right to seek justice.
Additional Sources: Tammy Blanchard v. Gerry’s Place, Inc., et al.,
Written By Berniard Law Firm
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