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Williams v. Tri-State Physical Therapy Inc.6/25/2003
's receipt of this letter. Additionally, the record reflects that the PCF notified Billy by letter dated September 8, 1999, that Barnes was not covered under the PCF; again, there is no proof in the record as to Billy's receipt of this letter either.
Billy filed suit in the district court on September 17, 1999, well less than 60 days after his receipt (or even the cover dates) of the Division letters stating that Tri-State and Barnes were not qualified health care providers. According to La. R.S. 40:1299.47(A)(2)(a), Billy's prescriptive period for instituting suit against Tri-State was, at a minimum, October 30, 1999 and December 8, 1999 for bringing suit against Barnes. Accordingly, we find the trial court was manifestly in error and clearly wrong in sustaining Tri-State's and Barnes' exception of prescription and we remand to the trial court for further proceedings.
We also note that Billy has presented for our review, to-wit: whether or not the trial court erred by failing to find that contra non valentum applied to suspend prescription due to a "special relationship" existing between Billy and Tri-State. In light of our reversal of the trial court's ruling and our remand for further proceedings by finding Billy's claims were timely filed, we pretermit any consideration as to whether a "special relationship" existed between Billy and Tri-State.
Conclusion
For the foregoing reasons, the judgment of the trial court is REVERSED at the cost of Tri-State and Barnes and REMANDED to the trial court for further proceedings.
REVERSED AND REMANDED
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