STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT WALTER D. LEWIS NO. 2020 CW 1162 VERSUS

THE TRAVELERS INDEMNI`T' Y CONSOLIDATED WITH COMPANY, SUCCESSOR IR ASSIGNEE OF THE TRAVELER' S NO. 2020 CW 1166 INSURANCE COMPANY; SHINTECH CONSOLIDATED WITH LOUISIANA, LLC; IMTT- GEISMAR; MARATHON PETROLEUM NO. 2020 CW 1167 CO., LP; TURNER INDUSTRIES GROUP, LLC, F/ K/ A HARMONY, LLC; JACOBS FIELD SERVICES NORTH AMERICA, INC., F/ K/ A JE MERIT CONSTRUCTORS, INC. EXXON MOBIL CORPORATION; RADIATOR SPECIALTY COMPANY; W. M. BARR & COMPANY, INC., F/ K/ A THE KLEAN STRIP COMPANY, INC.; LIBERTY MUTUAL INSURANCE COMPANY; FEBRUARY 02, 2021 WILSON IMPERIAL COMPANY; HIGHLAND HARDWARE & GARDEN CENTER, INC., AND BROTHER' S ACE HARDWARE, INC.

In Re: Shintech Louisiana, L. L. C., for applying supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 675708.

BEFORE: THERIOT, WOLFE, AND HESTER, JJ.

WRIT GRANTED. The trial court' s October 20, 2020 judgment overruling the peremptory exceptions of prescription filed by defendants, Shintech Louisiana, L. L. C., Jacobs Field Services North America, Inc., and IMTT- Geismar, is reversed. The October 20, 2014 cancer diagnosis of plaintiff, Walter D. Lewis, constituted constructive knowledge sufficient to put him on guard and to call him to inquire into the cause of his condition. See Guerin v. Travelers Indemnity. Company., 2019- 0861 ( La. App. 1st Cir. 2/ 21/ 20), 296 So. 3d 525. Thus, the plaintiff' s suit filed more than one year later, on November 2, 2018, is prescribed. Therefore, the defendants' peremptory exceptions of prescription are granted, and the plaintiff' s claims against defendants, Shintech Louisiana, L. L. C., Jacobs Field Services North America, Inc., and IMTT- Geismar, are dismissed.

MRT EW CHH

CO OF APPE FIRST CIRCUIT

dD J PUTY CARIN OF AJ COURT FOR THE COURT