WIMBERLY v. GATCH

No. 93-C-2361.

635 So.2d 206 (1994)

Thomas WIMBERLY and Ruth Wimberly, Husband and Wife, Individually and on Behalf of the Minor Child, Brandon Wimberly v. Russell GATCH, Gerald Gatch and Mrs. Gerald Gatch.

Supreme Court of Louisiana.

Rehearing Denied May 12, 1994.


Attorney(s) appearing for the Case

Aubrey Richard Snell, Steven Glenn McKenzie, for applicant.

Charles G. Tutt, Cook, Yancey, King & Galloway, James R. Phillips, Steven D. Crews, Watson, Murchison, Crews, Arthur & Corkern, for respondent.

James C. Gulotta, Jr., Paul J. Masinter, for W.R. Grace Co. (amicus curiae).

Harry Alston Johnson, III, for Louisiana Ass'n Defense Counsel (amicus curiae).


ORTIQUE, Justice.1

We granted writ to determine whether the equitable doctrine of contra non valentem suspends the running of prescription until the parents of a sexually abused child learn about the molestation and/or the various types of molestation. The trial court declined to apply this equitable doctrine to suspend the running of the one year liberative prescriptive period for the...

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