continuing tort doctrine in Louisiana

2018I find that application of the continuing tort doctrine in this situation, as opposed to La.R.S. 13:5111, contravenes the rule that "is well settled under Louisiana law that when conflicting statutes are applicable, the one more specifically directed to the matter applies." Avenal v. State , 03-3521, p. 33 (La. 10/19/04), 886 So.2d 1085 , 1108 n.29 (citing Estate of Patout v. City of New Iberia , 98-0961 (La. 7/7/99), 738 So.2d 544 ), cert. denied , 544 U.S. 1049 , 125 S.Ct. 2305 , 161 L.Ed.2d 1090 (5/23/05).

2018I find that application of the continuing tort doctrine in this situation, as opposed to La.R.S. 13:5111, contravenes the rule that "is well settled under Louisiana law that when conflicting statutes are applicable, the one more specifically directed to the matter applies." Avenal v. State , 03-3521, p. 33 (La. 10/19/04), 886 So.2d 1085 , 1108 n.29 (citing Estate of Patout v. City of New Iberia , 98-0961 (La. 7/7/99), 738 So.2d 544 ), cert. denied , 544 U.S. 1049 , 125 S.Ct. 2305 , 161 L.Ed.2d 1090 (5/23/05).

2017The continuing tort doctrine “only applies when continuous conduct causes continuing damages.” Scott , 04-2095, p. 18, 949 So.2d at 1280 .

2017The continuing tort doctrine “only applies when continuous conduct causes continuing damages.” Scott , 04-2095, p. 18, 949 So.2d at 1280 .

2005In support of their argument that the continuing tort exception should be applied herein, plaintiffs cite Wilson v. Hartzman, 373 So.2d 204 (La.App. 4th Cir.1979).

2005In support of their argument that the continuing tort exception should be applied herein, plaintiffs cite Wilson v. Hartzman, 373 So.2d 204 (La.App. 4th Cir.1979).

2025Reversing, this Court found the continuing tort doctrine applied and that prescription would not commence begin to run as long as the defendant’s building remained in physical contact with the plaintiffs’ house. 09-1147, pp. 7-8, 29 So.3d at 684 .

2023The Court provided that the continuing tort doctrine solely applies “when continuous conduct causes continuing damages.” Id. at p. 4, 29 So.3d at 682 .

2018I find that application of the continuing tort doctrine in this situation, as opposed to La.R.S. 13:5111, contravenes the rule that "is well settled under Louisiana law that when conflicting statutes are applicable, the one more specifically directed to the matter applies." Avenal v. State , 03-3521, p. 33 (La. 10/19/04), 886 So.2d 1085 , 1108 n.29 (citing Estate of Patout v. City of New Iberia , 98-0961 (La. 7/7/99), 738 So.2d 544 ), cert. denied , 544 U.S. 1049 , 125 S.Ct. 2305 , 161 L.Ed.2d 1090 (5/23/05).

2018I find that application of the continuing tort doctrine in this situation, as opposed to La.R.S. 13:5111, contravenes the rule that "is well settled under Louisiana law that when conflicting statutes are applicable, the one more specifically directed to the matter applies." Avenal v. State , 03-3521, p. 33 (La. 10/19/04), 886 So.2d 1085 , 1108 n.29 (citing Estate of Patout v. City of New Iberia , 98-0961 (La. 7/7/99), 738 So.2d 544 ), cert. denied , 544 U.S. 1049 , 125 S.Ct. 2305 , 161 L.Ed.2d 1090 (5/23/05).

2018I find that application of the continuing tort doctrine in this situation, as opposed to La.R.S. 13:5111, contravenes the rule that "is well settled under Louisiana law that when conflicting statutes are applicable, the one more specifically directed to the matter applies." Avenal v. State , 03-3521, p. 33 (La. 10/19/04), 886 So.2d 1085 , 1108 n.29 (citing Estate of Patout v. City of New Iberia , 98-0961 (La. 7/7/99), 738 So.2d 544 ), cert. denied , 544 U.S. 1049 , 125 S.Ct. 2305 , 161 L.Ed.2d 1090 (5/23/05).

2018I find that application of the continuing tort doctrine in this situation, as opposed to La.R.S. 13:5111, contravenes the rule that "is well settled under Louisiana law that when conflicting statutes are applicable, the one more specifically directed to the matter applies." Avenal v. State , 03-3521, p. 33 (La. 10/19/04), 886 So.2d 1085 , 1108 n.29 (citing Estate of Patout v. City of New Iberia , 98-0961 (La. 7/7/99), 738 So.2d 544 ), cert. denied , 544 U.S. 1049 , 125 S.Ct. 2305 , 161 L.Ed.2d 1090 (5/23/05).

2018I find that application of the continuing tort doctrine in this situation, as opposed to La.R.S. 13:5111, contravenes the rule that "is well settled under Louisiana law that when conflicting statutes are applicable, the one more specifically directed to the matter applies." Avenal v. State , 03-3521, p. 33 (La. 10/19/04), 886 So.2d 1085 , 1108 n.29 (citing Estate of Patout v. City of New Iberia , 98-0961 (La. 7/7/99), 738 So.2d 544 ), cert. denied , 544 U.S. 1049 , 125 S.Ct. 2305 , 161 L.Ed.2d 1090 (5/23/05).

2018I find that application of the continuing tort doctrine in this situation, as opposed to La.R.S. 13:5111, contravenes the rule that "is well settled under Louisiana law that when conflicting statutes are applicable, the one more specifically directed to the matter applies." Avenal v. State , 03-3521, p. 33 (La. 10/19/04), 886 So.2d 1085 , 1108 n.29 (citing Estate of Patout v. City of New Iberia , 98-0961 (La. 7/7/99), 738 So.2d 544 ), cert. denied , 544 U.S. 1049 , 125 S.Ct. 2305 , 161 L.Ed.2d 1090 (5/23/05).

2015Co., 02-1292, p. 7 (La.App. 1st Cir.2/14/03), 845 So.2d 377, 382 (citing Saia v. Asher, 01-1038 (La.App. 1st Cir.7/10/02), 825 So.2d 1257 ), writ denied, 03-733 (La.5/30/03), 845 So.2d 1057 (finding that where a “time limitation ... is peremptive, and the principle of continuing torts is a suspensive principle, .ineffective against the effects of per-emption, we find the continuing tort doctrine inapplicable”).

2005Co., 02-1292, p. 7 (La.App. 1 Cir. 2/14/03), 845 So.2d 377, 382 (citing Saia v. Asher, 01-1038 (La.App. 1 Cir. 7/10/02) , 825 So.2d 1257 ), writ denied, 03-733 (La.5/30/03), 845 So.2d 1057 (finding that where a "time limitation ... is peremptive, and the principle of continuing torts is a suspensive principle, ineffective against the effects of peremption, we find the continuing tort doctrine inapplicable").

2005Moreover, as explained by the Fifth Circuit Court of Appeal in Coulon v. *138 Witco Corporation, XXXX-XXXX (La.App. 5 Cir. 5/28/03), 848 So.2d 135, 138 , the time when a plaintiff acquires knowledge of the damages has no relevance to the continuing tort doctrine.

2005Moreover, as explained by the Fifth Circuit Court of Appeal in Coulon v. Witco Corporation, 2003-0208 (La.App. 5 Cir. 5/28/03) , 848 So.2d 135, 138 , the time when a plaintiff acquires knowledge of the damages has no relevance to the continuing tort doctrine.

2019We note, however, that in Aldredge v. Whitney , 591 So.2d 1201 (La.App. 2 Cir. 1991), the court held that an exception of no right of action would not be granted on the basis that the marriage occurred after the tortious act where the injuries did not become apparent until after the marriage.

2019We note, however, that in Aldredge v. Whitney , 591 So.2d 1201 (La.App. 2 Cir. 1991), the court held that an exception of no right of action would not be granted on the basis that the marriage occurred after the tortious act where the injuries did not become apparent until after the marriage.

2019App. 4 Cir. 12/3/14), 157 So.3d 779, 786 .

2017Thus, when the operating cause of injury is discontinuous, even if the plaintiff continues to experience ill effects or injury from the original, wrongful act, the continuing tort doctrine is inapplicable; and "prescription runs from the date that knowledge of such damage was apparent or should have been apparent to the injured party.” Crump , 98-2326 at p. 7, 737 So.2d at 726 ; Hogg v. Chevron USA, Inc., 09-2632, 09-2635, p. 21 (La. 7/6/10), 45 So.3d 991, 1005 ; Scott , 14-0726 at p. 12, 157 So.3d at 787 . .

2018Works , 127 So.2d 774 (La.App. 3 Cir. 1961) ; Boothe v. Dep't of Pub.

2018Works , 127 So.2d 774 (La.App. 3 Cir. 1961) ; Boothe v. Dep't of Pub.

2015Co., 02-1292, p. 7 (La.App. 1st Cir.2/14/03), 845 So.2d 377, 382 (citing Saia v. Asher, 01-1038 (La.App. 1st Cir.7/10/02), 825 So.2d 1257 ), writ denied, 03-733 (La.5/30/03), 845 So.2d 1057 (finding that where a “time limitation ... is peremptive, and the principle of continuing torts is a suspensive principle, .ineffective against the effects of per-emption, we find the continuing tort doctrine inapplicable”).

2005Co., 02-1292, p. 7 (La.App. 1 Cir. 2/14/03), 845 So.2d 377, 382 (citing Saia v. Asher, 01-1038 (La.App. 1 Cir. 7/10/02) , 825 So.2d 1257 ), writ denied, 03-733 (La.5/30/03), 845 So.2d 1057 (finding that where a "time limitation ... is peremptive, and the principle of continuing torts is a suspensive principle, ineffective against the effects of peremption, we find the continuing tort doctrine inapplicable").

2009In Capitol House Preservation Co., L.L.C. v. Perryman Consultants, Inc., 98-2216 (La.App. 1st Cir.11/5/99), 745 So.2d 1194 , writ denied, 99-3446 (La.2/11/00), 754 So.2d 937 (Capitol House II), this court reversed the granting of prescription exceptions, applying the continuing tort principle to find that the claims were not time barred against the remaining defendants.

2009App. 1st Cir.11/5/99), 745 So.2d 1194 , writ denied, 99-3446 (La.2/11/00), 754 So.2d 937 ( Capitol House II ), this court reversed the granting of prescription exceptions, applying the continuing tort principle to find that the claims were not time barred against the remaining defendants.

2009In Capitol House Preservation Co., L.L.C. v. Perryman Consultants, Inc., 98-2216 (La.App. 1st Cir.11/5/99), 745 So.2d 1194 , writ denied, 99-3446 (La.2/11/00), 754 So.2d 937 (Capitol House II), this court reversed the granting of prescription exceptions, applying the continuing tort principle to find that the claims were not time barred against the remaining defendants.

2009App. 1st Cir.11/5/99), 745 So.2d 1194 , writ denied, 99-3446 (La.2/11/00), 754 So.2d 937 ( Capitol House II ), this court reversed the granting of prescription exceptions, applying the continuing tort principle to find that the claims were not time barred against the remaining defendants.

2005The evidence showed that on January 17, 2003, Daisha's level was 17; on March 12, 2003 (after the City's February 28 inspection had shown that D.N.C. had complied with the abatement order), Daisha's level had dropped to 8; however, on June 25, 2003 (eight months before suit was filed), Daisha's blood lead level had gone back up to 10. [8] Cf: Housing Authority of New Orleans v. Standard Paint and Varnish Co., 612 So.2d 916 (La.App. 4 Cir.1993), in which this court declined to apply the continuing tort exception where the defendant, the paint manufacturer, did not have a continuing duty to prov

2005Cf: Housing Authority of New Orleans v. Standard Paint and Varnish Co., 612 So.2d 916 (La.App. 4 Cir.1993), in which this court declined to apply the continuing tort exception where the defendant, the paint manufacturer, did not have a continuing duty to provide a safe environment to the plaintiff, HANO.

2002The Page court, however, distinguished the continuing tort doctrine it invoked based on the ongoing tortious conduct from the discovery rule that applies when a plaintiffs injury continues or manifests after the defendant’s tortious conduct ceases. 729 F.2d at 821 n. 23.

2001Resultingly, the cause of action Page stakes on continuous drug treatment did not accrue, and the statutory limitations did not come into play, until the allegedly tortious conduct came to a halt in 1980. 729 F.2d at 822-23 . [15] The Page court, however, distinguished the continuing tort doctrine it invoked based on the ongoing tortious conduct from the discovery rule that applies when a plaintiff's injury continues or manifests after the defendant's tortious conduct ceases. 729 F.2d at 821 n. 23.

2001Particularly, the First Circuit in this case noted the contrary holdings by the Fourth and Second Circuits in Romaguera v. Overby, 97-1654 (La.App. 4th Cir.3/4/98), 709 So.2d 266 , and Jeter v. Shamblin, 32,618 (La.App. 2nd Cir.2/1/00), 750 So.2d 521 , respectively, rejecting the continuing tort defense; whereas, it cited the Third Circuit's holding in Bellard , accepting that defense.

2001Particularly, the First Circuit in this case noted the contrary holdings by the Fourth and Second Circuits in Romaguera v. Overby, 97-1654 (La.App. 4th Cir.3/4/98), 709 So.2d 266 , and Jeter v. Shamblin, 32,618 (La.App. 2nd Cir.2/1/00), 750 So.2d 521 , respectively, rejecting the continuing tort defense; whereas, it cited the Third Circuit's holding in Bellard , accepting that defense.

2001Particularly, the First Circuit in this case noted the contrary holdings by the Fourth and Second Circuits in Romaguera v. Overby, 97-1654 (La.App. 4th Cir.3/4/98), 709 So.2d 266 , and Jeter v. Shamblin, 32,618 (La.App. 2nd Cir.2/1/00), 750 So.2d 521 , respectively, rejecting the continuing tort defense; whereas, it cited the Third Circuit's holding in Bellard , accepting that defense.

2001Particularly, the First Circuit in this case noted the contrary holdings by the Fourth and Second Circuits in Romaguera v. Overby, 97-1654 (La.App. 4th Cir.3/4/98), 709 So.2d 266 , and Jeter v. Shamblin, 32,618 (La.App. 2nd Cir.2/1/00), 750 So.2d 521 , respectively, rejecting the continuing tort defense; whereas, it cited the Third Circuit's holding in Bellard , accepting that defense.

1999Crosby v. Keys, 590 So.2d 601 (La.App. 2d Cir.1991), writ denied, 593 So.2d 373 (La.1992).

1992In finding the continuing tort doctrine inapplicable, the court of appeal compared the complained of conduct in this case to the continuous conduct in South Central Bell, supra, a property damage case; and to the discontinuous conduct in Laughlin v. Breaux, 515 So.2d 480 (La.App. 1st Cir.1987), a sexual assault and battery case; and Crosby v. Keys, 590 So.2d 601 (La.App. 2d Cir.1991), writ denied, 593 So.2d 373 (La.1992), a sexual abuse case: We find that the tortious conduct claimed by the plaintiff is similar to the physical and verbal abuse in Laughlin and the sexual abuse in Crosby in that

1999Crosby v. Keys, 590 So.2d 601 (La.App. 2d Cir.1991), writ denied, 593 So.2d 373 (La.1992).

1992In finding the continuing tort doctrine inapplicable, the court of appeal compared the complained of conduct in this case to the continuous conduct in South Central Bell, supra, a property damage case; and to the discontinuous conduct in Laughlin v. Breaux, 515 So.2d 480 (La.App. 1st Cir.1987), a sexual assault and battery case; and Crosby v. Keys, 590 So.2d 601 (La.App. 2d Cir.1991), writ denied, 593 So.2d 373 (La.1992), a sexual abuse case: We find that the tortious conduct claimed by the plaintiff is similar to the physical and verbal abuse in Laughlin and the sexual abuse in Crosby in that