Omolabake Ojomo-Bakare and Dele Bakare, individually and on behalf of their minor child, Britney Bakare v. Baton Rouge Community College

Opinion

STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT

OMOLABAKE OJOMO-BAKARE AND NO. 2025 CW 0603 DELE BAKARE, INDIVIDUALLY

AND ON BEHALF OF THEIR MINOR

CHILD, BRITNEY BAKARE

VERSUS

BATON ROUGE COMMUNITY COLLEGE, THE BATON ROUGE COMMUNITY COLLEGE

FOUNDATION, INC. AND XYZ INSURANCE COMPANY SEPTEMBER 8, 2025

In Re: State of Louisiana, through the Board of Supervisors of Louisiana Community and Technical Colleges System, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 688629.

BEFORE : LANIER, WOLFE, AND HESTER, JJ. WRIT DENIED.

WIL CHH

Wolfe, J., dissents and would grant the writ. In determining whether an amendment to the petition which changes the identity of the party sued relates back to the filing of the original petition, one of the criteria to be considered is whether the substitute defendant received notice of the suit. See Ray v. Alexandria Mall, Through St. Paul Property & Liability Ins., 434 So.2d 1083, 1087 (La. 1983). This court has recognized there can be an inference of notice when the original defendant and the new defendant have an identity of interest and the relationship between them is of a close nature. Micken v. DHC OPCO-Napoleonville, LLC, 2018-0140 (La. App. ist Cir. 11/2/18), 2018 WL 5732482 at *8 (unpublished). I find the evidence was insufficient to prove defendant, the State of Louisiana, through the Board of Supervisors of Louisiana Community and Technical Colleges, received notice of the suit or that such notice could be inferred based upon identity of interest. I would grant the exception of prescription and dismiss plaintiff’s claims.

COURT OF APPEAL, FIRST CIRCUIT

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