Jason Leteff v. Estate of Trebor Yocum and GEICO Casualty Company

No. 56,672-CA · Louisiana Court of Appeal, Second Circuit · February 25, 2026 · No. 56,672-CA

Summary

The Louisiana Second Circuit affirmed the dismissal of Donald Coleman's intervention claim against the Estate of Trebor Yocum and GEICO Casualty Company on prescription grounds. The court held that Coleman's workers' compensation filing and GEICO's payment to the workers' compensation carrier occurred after the one-year prescriptive period for his tort claim had expired and therefore did not interrupt or revive prescription.

Holdings

  1. An interruptive event occurring after the prescriptive period has run cannot interrupt or revive the prescribed action.
  2. Coleman's alleged workers' compensation filing did not interrupt prescription of his tort claims because it occurred after the tort claims had already prescribed.
  3. GEICO's payment to Travelers for reimbursement of a workers' compensation lien was not an acknowledgment of a debt owed to Coleman and did not interrupt prescription of Coleman's tort claims.
  4. The district court correctly sustained GEICO's peremptory exception of prescription and dismissed Coleman's claims.

Questions Presented

  1. Whether Coleman's petition in intervention was prescribed under the one-year prescriptive period applicable to the accident.
  2. Whether Coleman's alleged workers' compensation Form 1008 filing interrupted prescription as to his tort claims against GEICO and the Estate of Trebor Yocum.
  3. Whether GEICO's payment to Travelers for a workers' compensation lien constituted an acknowledgment of a debt to Coleman that interrupted prescription.
  4. Whether the district court properly sustained GEICO's peremptory exception of prescription.

Disposition

affirmed

Cases Cited (15)

  • Crowley v. Rojas, 55,616 (La. App. 2 Cir. 5/22/24), 386 So. 3d 1243, writ denied, 24-00792 (La. 10/15/24), 394 So. 3d 822(followed)
  • Mitchell v. Baton Rouge Orthopedic Clinic, L.L.C., 21-00061 (La. 10/10/21), 333 So. 3d 368(followed)
  • In re Medical Review Panel of Heath, 21-01367 (La. 6/1/22), 345 So. 3d 992(followed)
  • Spott v. Otis Elevator Co., 601 So. 2d 1355 (La. 1992)(followed)
  • Bryant v. Tokio Marine HCC, 54,771 (La. App. 2 Cir. 11/16/22), 351 So. 3d 837(followed)
  • Hogg v. Chevron USA, Inc., 09-2632 (La. 7/6/10), 45 So. 3d 991(followed)
  • Williams v. Sewerage & Water Board, 611 So. 2d 1383 (La. 1993)(followed)
  • Jackson v. Hicks, 96-1270 (La. App. 2 Cir. 8/13/14), 147 So. 3d 283(followed)
  • Settoon Marine, Inc. v. Great Lakes Dredge & Dock Co., 95-0046 (La. App. 4 Cir. 6/7/95), 657 So. 2d 537(followed)
  • City of Shreveport v. Black, 50,527 (La. App. 2 Cir. 4/20/16), 194 So. 3d 1132(followed)

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