WALLACE v. SOUTHERN UNIVERSITY (2020)

Writ application denied.

Because I find the plaintiff has not stated a cause of action in contract but instead presents one in tort, I would grant the writ filed by the defendants, the State of Louisiana through Board of Supervisors of Southern University, et al. Plaintiff's alleged injury is her dismissal from the Southern University nursing program in December 2017 and her corresponding inability to complete the program to obtain her Registered Nursing degree. As an initial matter, what plaintiff identifies as “educational malpractice” is not a valid theory of liability anywhere in Louisiana statutory law or jurisprudence. Further, regardless of how plaintiff herself characterizes the alleged cause of action, in my view, this matter sounds in tort and is therefore subject to a prescriptive period of one year under La. C.C. art. 3492. Any actions plaintiff may have possessed against defendants would have prescribed by December 2018, one year after her alleged injury. See, e.g., R.S. 9:5628(A) (prescriptive period of one year in action for medical malpractice); R.S. 9:5605 (prescriptive period of one year in action for legal malpractice). For these reasons, I would grant the instant writ application and reverse the trial court's ruling, thereby granting the defendants’ exception of prescription and dismissing the lawsuit.

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