At page 553 Rejecting the notion of first amendment infringement2 citing cases
- McNary v. Sidak, 478 So. 2d 712 (La. Ct. App. 1985).publishedThe First Circuit, in Cherokee Restaurant, rejected the notion of Jackson v. Zito, 314 So.2d 401 (La.App. 1st Cir. 1975), writs den. 320 So.2d 551, 553 (La. 1975), and its progeny that there existed a ten year period of liberative prescrip…
- Arceneaux v. Motor Veh. Cas. Co., 341 So. 2d 1287 (La. Ct. App. 1977).publishedThere must also be reasonable diligence on the part of the plaintiff to ascertain the identity of the party injuring him and the means of knowledge are the same in effect as knowledge itself, Martin v. Mud Supply Company, Inc., 239 La. 616…
v.
James ZITO
Lead Opinion
In re: James Zito, applying for certio-rari, or writ of review, to the Court of Appeal, First Circuit, Parish of East Baton Rouge. 314 So.2d 401.
Writ refused. Since the case has been remanded, the judgment is not final.
Dissent
is of the opinion the writ should be granted for the reasons that the question is of widespread interest and because, in my view, the judgment of the Court of Appeal to the effect that prescription of ten years is applicable to this malpractice suit is erroneous.
CALOGERO, J., would grant this writ.