 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Coffey v. Block6/23/2000
CARAWAY, J., concurs with written reasons.
In her appeal of the judgment sustaining the defendants' exception of prescription and peremption and dismissing her legal malpractice action with prejudice, Jeanette Champagne Coffey urged that the well-pleaded allegations of her petition were sufficient to support her timely- filed action for legal malpractice based on her allegations of fraud. Coffey also objected to the trial court's refusal to find La. R.S. 9:5605 unconstitutional. For the following reasons, the judgment is vacated and the matter is remanded to the trial court for further proceedings. The issue of the constitutionality of La. R.S. 9:5605 is pretermitted.
TIME LINE
February 28, 1992 Jeannette Champagne Coffey was injured in an accident at Heritage Manor of Houma.
July, 1992 Coffey alleged that she met with attorney Keith J. Labat who asked when the accident occurred. Coffey told him that the accident occurred sometime in February or March 1992 before Mardi Gras. She was not sure of the exact date, but told Labat that an incident report was made following the accident. Coffey suggested Labat ask Ms. Laforke for a copy of the report. Labat and Coffey agreed Labat would handle the case on a contingent fee basis.
December 30, 1992 A contingent fee contract, effective December 30, 1992, was executed by Coffey, her husband, and Jerald P. Block, Labat's employer at the time.
January 15, 1993 Labat requested Coffey's file from the South Louisiana Regional Vocational Institute.
March 2, 1993 Labat filed suit for Coffey's personal injuries. Sometime around that time, Labat received information showing the accident occurred on February 28, 1992.
April 1993 Defendants filed an exception of prescription to which they attached an incident report showing the mishap occurred February 28, 1992.
Labat told Coffey that a hearing was scheduled on June 25, 1993, which she and her husband had to attend.
Labat's secretary advised the Coffeys the hearing was postponed and would be rescheduled.
Coffey alleged that one month later Labat told Coffey that he had met with the judge, it would be unnecessary for them to attend a hearing, and the judge told him he had the correct accident date and the case could continue.
November 20, 1996 Labat told Coffey the issue about the accident date was still pending and a hearing on defendants' prescription exceptions was scheduled for November 22, 1996.
November 22, 1996 Prescription hearing conducted. The exceptions were granted and Coffey's personal injury action was dismissed with prejudice.
August 20, 1997 Coffey filed this lawsuit against Labat, Block and their insurer, Coregis.
January 7, 1998 Defendants moved for a dismissal based upon untimeliness under La. R.S. 9:5605 and filed a Peremptory Exception of Prescription and Peremption.
August 21, 1998 Coffey filed an amended petition alleging that Labat failed to conduct a reasonable and adequate investigation, that Labat misrepresented the status of the litigation, that Labat failed to act with reasonable diligence and that Labat made a misrepresentation to obtain an unjust advantage and to cause the loss of her cause of action against him for malpractice.
January 29, 1999 Hearing on exception of prescription held.
February 9, 1999 Trial court signed Reasons for Judgment and the Judgment sustaining the defendants' exception of prescription and peremption and dismissing Coffey's suit as untimely.
At the hearing on the exception in this case, Block testified that the u
Page 1 2 3 4 5 6 Louisiana Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|