LEE v. AMERICAN SUPPLY CO (2020)

Writ application denied.

I would grant defendant's writ application, reverse the court of appeal, and reinstate the trial court's ruling sustaining the exception of prescription related to plaintiffs' survival action claims. Plaintiffs were made aware of the diagnosis of an asbestos-related condition underlying their claims in 2008, which was sufficient to commence prescription. Testimony revealed this diagnosis led plaintiffs to discuss when the victim could have been exposed to asbestos in the past. In my view, the trial court was not manifestly erroneous in finding plaintiffs had knowledge of facts sufficient to “excite attention and put the injured party on guard and call for inquiry.” Campo v. Correa, 2001-2707 (La. 6/21/02), 828 So. 2d 502, 510–11.

Crichton, J., would grant and assigns reasons. Crain, J., would grant. Boddie, J., would grant.