Henderson v. Todd Shipyards
Docket: CA-2098, CA-2356
Court: Louisiana Court of Appeal; December 11, 1984; Louisiana; State Appellate Court
The Court of Appeal of Louisiana, Fourth Circuit, affirmed the trial court's ruling that granted defendants' exceptions of prescription, dismissing the wrongful death action brought by Nancy Frederick Henderson against Todd Shipyards and other defendants. The case arose after Henderson's husband died of lung cancer on October 3, 1972. Henderson claimed she only learned on June 29, 1982, that his cancer might be linked to toxic substances from his employment at Todd Shipyards. She filed the suit on May 31, 1983, more than ten years after her husband's death. To counter the prescription defense, Henderson invoked the doctrine of contra non valentem agere nulla writ prescripto, which allows for the revival of a time-barred claim under certain conditions: either if the cause of action was not apparent or if the defendant concealed facts preventing the plaintiff from recognizing the claim. The court noted that while she believed her husband's cancer was due to smoking, she failed to investigate other potential causes, which constituted constructive notice. The court concluded that Henderson did not meet the burden of proof necessary to avoid prescription, as she had not demonstrated that she inquired into the cause of her husband's death. Consequently, the trial court's decision was upheld, and all costs were assigned to the plaintiff.