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← 532 SO2D 855 - Paddock v. Dennies

Paddock v. Dennies’s Empirical Analysis

1988

Citation profile

3
cited by 3 later decisions
1
states following
December 1994
most recently cited

3 state decisions

Relationships

Relies on Giroir v. South Louisiana Medical Center, Division of Hospitals · 439 So. 2d 437 - Gunter v. Plauche · Reid v. State ex rel. Department of Corrections · 527 So. 2d 1184 - Comeaux v. Poindexter · Warriner v. Russo

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “The defendants argue that the amended and supplemental petition cannot properly be considered to relate back to the filing of the original petition because loss of consortium is a different cause of action than the personal injury and property damage claims set out in the original petition. Assuming arguendo that this is true, that fact does not dictate that the amended and supplemental petition be barred by prescription. The Louisiana Supreme Court has held that La.C. C.P. art. 1153 does not bar an amendment stating a new cause of action if, as here, the original pleading gave fair notice of the general fact situation from which the amended claim arose. Gunter v. Plauche, 439 So.2d 437 (La.1983). This circuit has also allowed an amendment to relate back and defeat prescription, even when the causes of action are different, when the parties and the relief prayed for were the same. See Warner v. Russo, 376 So.2d 571 (La.App. 4th Cir.1979), writ denied 380 So.2d 71 (La. 1980). Id. 532 So.2d at 856 .”
    1 later decision quote this exact passage

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.