BERTRAND v. ST. PAUL FIRE & MARINE INS. CO.

No. 85-733.

491 So.2d 474 (1986)

Estella BERTRAND, Plaintiff-Appellants, v. ST. PAUL FIRE AND MARINE INS. CO., Defendants-Appellees.

Court of Appeal of Louisiana, Third Circuit.

Rehearing Denied July 24, 1986.

Writs Denied October 3, 1986.


Attorney(s) appearing for the Case

Raleigh Newman, Lake Charles, Jones, Jones & Alexander, J.B. Jones, Jr., Cameron, for plaintiffs-appellants.

Pugh & Boudreaux, Charles J. Boudreaux, Sr., and Donlon Pugh, Lafayette, Plauche, Smith & Nieset, James R. Nieset, Lake Charles, Watson, Blanche, Wilson & Posner, Ambrose K. Ramsey, III, Baton Rouge, for defendants-appellees.

Before STOKER and YELVERTON, JJ., and BERTRAND, J. Pro Tem.


YELVERTON, Judge.

These two consolidated medical malpractice cases present prescription questions. The first is whether an amending petition which for the first time expressed a malpractice demand and was filed after the prescription date, could relate back to a timely filed injunction proceeding between the same parties seeking preservation of the evidence, and thus save the claim from prescription. On the procedural facts of this case we find that the amendment...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases