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JOHNSON v. LEGGIO (2021)

Supreme Court of Louisiana.2021-04-27No. No. 2021-CC-00344

Authorities cited

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Opinion

Writ application denied.

I would grant this writ application and reverse the lower courts’ rulings with respect to the denial of defendants exception of prescription. In opposing the exception, plaintiff argued prescription did not commence until she learned of her vasculitis diagnosis, which she allegedly discovered many months after her treatment by defendant. However, evidence in the record, including plaintiffs own deposition testimony, indicates she has long been aware of her vasculitis diagnosis. In my view, defendants writ application should be granted and the claim dismissed as prescribed.

Crichton, J., would grant and assigns reasons.