Carpenter v. Lafayette Woodworks, Inc.

Louisiana Court of Appeal

Carpenter v. Lafayette Woodworks, Inc.

504 So. 2d 179, 1987 La. App. LEXIS 9030

CourtLouisiana Court of Appeal

DecidedMarch 16, 1987

DocketNo. 87-245

StatusPublished

Cited by3 cases

This text of 504 So. 2d 179 (Carpenter v. Lafayette Woodworks, Inc.) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Carpenter v. Lafayette Woodworks, Inc., 504 So. 2d 179, 1987 La. App. LEXIS 9030 (La. Ct. App. 1987).

Pincite

Opinion

WRIT GRANTED AND MADE PEREMPTORY:

The trial court erred in holding Monaco Motor Homes, Inc. has no claim for contribution against Lafayette Woodworks, Inc., LeFrance v. Abraham Lincoln Mercury, Inc., 462 So.2d 1291 (La.App. 5 Cir.1985), Lokey v. Dixie Buick, Inc., 400 So.2d 322 (La.App. 4 Cir.1981), Landry v. Nobility Homes, Inc., 488 So.2d 726 (La.App. 3 Cir.1986), Perrin v. Read Imports, Inc., 359 So.2d 738 (La.App. 4 Cir.1978). The tolling of prescription on this claim for contribution does not begin to run until Monaco Motor Homes, Inc. has been cast in judgment, therefore, the trial court erred in holding Monaco Motor Homes, Inc.’s cross-claim for contribution had prescribed, since it was not filed within one year of the last act of negligence. Smith v. Hartford Acc. and Indemnity Co., 399 So.2d 1193 (La.App. 3 Cir.1981), McKneely v. Don Coleman Construction Co., 441 So.2d 497 (La.App. 2 Cir.1983), Matt v. Cox, 408 So.2d 389 (La.App. 1 Cir.1981). The trial court’s judgment is thus vacated in part, and it is now ordered that Monaco Motor Homes, Inc. be allowed to pursue its claim in contribution against Lafayette Woodworks, Inc. That part of the trial court’s judgment sustaining Lafayette Woodworks, Inc.’s exception of vagueness is not disturbed by this court’s ruling.

Free access — add to your briefcase to read the full text and ask questions with AI

WRIT GRANTED AND MADE PEREMPTORY:

The trial court erred in holding Monaco Motor Homes, Inc. has no claim for contribution against Lafayette Woodworks, Inc., LeFrance v. Abraham Lincoln Mercury, Inc., 462 So.2d 1291 (La.App. 5 Cir.1985), Lokey v. Dixie Buick, Inc., 400 So.2d 322 (La.App. 4 Cir.1981), Landry v. Nobility Homes, Inc., 488 So.2d 726 (La.App. 3 Cir.1986), Perrin v. Read Imports, Inc., 359 So.2d 738 (La.App. 4 Cir.1978). The tolling of prescription on this claim for contribution does not begin to run until Monaco Motor Homes, Inc. has been cast in judgment, therefore, the trial court erred in holding Monaco Motor Homes, Inc.’s cross-claim for contribution had prescribed, since it was not filed within one year of the last act of negligence. Smith v. Hartford Acc. and Indemnity Co., 399 So.2d 1193 (La.App. 3 Cir.1981), McKneely v. Don Coleman Construction Co., 441 So.2d 497 (La.App. 2 Cir.1983), Matt v. Cox, 408 So.2d 389 (La.App. 1 Cir.1981). The trial court’s judgment is thus vacated in part, and it is now ordered that Monaco Motor Homes, Inc. be allowed to pursue its claim in contribution against Lafayette Woodworks, Inc. That part of the trial court’s judgment sustaining Lafayette Woodworks, Inc.’s exception of vagueness is not disturbed by this court’s ruling.

Cite This Page — Counsel Stack

Bluebook (online)

504 So. 2d 179, 1987 La. App. LEXIS 9030, Counsel Stack Legal Research, https://law.counselstack.com/opinion/carpenter-v-lafayette-woodworks-inc-lactapp-1987.

Opinion

Related

Cite This Page — Counsel Stack