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Burns v. City of Kenner7/30/2002
9, 2001, plaintiff had an additional year within which to institute a timely state suit. Thus her state suit of June 18, 2001, was timely, and it was error for the trial court to sustain the City=s exception of prescription.
We are aware of LeBreton v. Rabito, 97-2221 (La/ 7/8/98), 714 So.2d 1226, but do not find that case controlling here. There, the issue was the effect on prescription of a suit filed prior to the convocation of a mandatory medical review panel in the medical malpractice context. Here, it was not mandatory that plaintiff seek review by either the EEOC or the state Commission on Human Rights prior to initiating her state suit, and therefore we are not faced with the effect of a premature suit on prescription.
For the foregoing reasons the judgment sustaining the exception of prescription urged by the City of Kenner is vacated, and the matter is remanded to the district court for further proceedings.
JUDGMENT VACATED, REMANDED FOR FURTHER PROCEEDINGS.
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