Louisiana Appeals Court: Case Remains Valid Due to Continuing Tort Doctrine

摘要

Quintilla Risin, individually and on behalf of her daughter Daisha Risin, sued DNC Investments and ABC Insurance Co. in the Civil District Court for Orleans Parish, alleging that Daisha contracted lead poisoning while living in a home owned by DNC. DNC filed an exception of prescription, asserting that Daisha was first diagnosed with lead poisoning in 2002 and that because the lawsuit was filed one year after that diagnosis, the lawsuit was barred. After a hearing, the trial court granted DNC's exception and dismissed the lawsuit; the trial court also denied the plaintiffs' motion for a new trial.