JOHNSON v. LEGGIO (2021)

Writ application denied.

I would grant this writ application and reverse the lower courts’ rulings with respect to the denial of defendant's exception of prescription. In opposing the exception, plaintiff argued prescription did not commence until she learned of her vasculitis diagnosis, which she allegedly discovered many months after her treatment by defendant. However, evidence in the record, including plaintiff's own deposition testimony, indicates she has long been aware of her vasculitis diagnosis. In my view, defendant's writ application should be granted and the claim dismissed as prescribed.

Crichton, J., would grant and assigns reasons.