Opinion
NO. 2018 CW 0401
05-11-2018
ASHLEY DOMINIC LAWRENCE v. PATRICHER SCHEXNAYDER AND GOVERNMENT EMPLOYEES INSURANCE COMPANY
In Re: Patricher Schexnayder and Government Employees Insurance Company, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 651569. BEFORE: HIGGINBOTHAM, HOLDRIDGE AND PENZATO, JJ.
WRIT GRANTED IN PART AND DENIED IN PART. We find that plaintiff, Eugenia Chatman, failed to prove that the factors enunciated in Giroir v. South Louisiana Medical Center, Division of Hospitals, 475 So.2d 1040 (La. 1985), were met in this case, and therefore, her claims in the first supplemental and amending petition cannot relate back to the timely filed original petition, and are prescribed. However, we find that under the Giroir factors, the claims of Ashley Dominic Lawrence, on behalf of her minor children Aaron Thomas, Jr., Raygn Madison, and Shyla Lawrence do relate back to the timely filed petition. Therefore, we reverse in part, the trial court's March 2, 2018 ruling denying relators', Patricher Schexnayder and Government Employees Insurance Company, exception of prescription and grant same in part, dismissing only the claims of Eugenia Chatman with prejudice. The writ is denied as to the claims of Ashley Dominic Lawrence, on behalf of her minor children Aaron Thomas, Jr., Raygn Madison, and Shyla Lawrence.
AHP
TMH
GH
COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT