Chance v. American Honda Motor Co.

Louisiana Court of Appeal

Chance v. American Honda Motor Co.

624 So. 2d 23, 1993 La. App. LEXIS 2818, 1993 WL 356854

CourtLouisiana Court of Appeal

DecidedSeptember 14, 1993

DocketNo. W93-757

StatusPublished

Cited by1 cases

This text of 624 So. 2d 23 (Chance v. American Honda Motor Co.) 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

Chance v. American Honda Motor Co., 624 So. 2d 23, 1993 La. App. LEXIS 2818, 1993 WL 356854 (La. Ct. App. 1993).

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Opinion

WRIT GRANTED AND MADE PEREMPTORY:

The trial court erred in denying relators’ exception of prescription. We find no clear expression of legislative intent that La.C.C. art. 3492, as amended in 1992, is to be applied retroactively. Absent such an intention, Louisiana courts have consistently held that prescriptive statutes will not be applied retroactively to revive an already prescribed cause of action. Hall v. Hall, 516 So.2d 119 (La.1987); Lyman v. Town of Sunset, 567 So.2d 1171 (La.App. 3d Cir.1990). Thus, the trial court erred when it ruled that the 1992 amendment to Article 3492 could retroactively revive the plaintiffs’ cause of action, which under prior law had prescribed as of October 26, 1988.

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WRIT GRANTED AND MADE PEREMPTORY:

The trial court erred in denying relators’ exception of prescription. We find no clear expression of legislative intent that La.C.C. art. 3492, as amended in 1992, is to be applied retroactively. Absent such an intention, Louisiana courts have consistently held that prescriptive statutes will not be applied retroactively to revive an already prescribed cause of action. Hall v. Hall, 516 So.2d 119 (La.1987); Lyman v. Town of Sunset, 567 So.2d 1171 (La.App. 3d Cir.1990). Thus, the trial court erred when it ruled that the 1992 amendment to Article 3492 could retroactively revive the plaintiffs’ cause of action, which under prior law had prescribed as of October 26, 1988.

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Bluebook (online)

624 So. 2d 23, 1993 La. App. LEXIS 2818, 1993 WL 356854, Counsel Stack Legal Research, https://law.counselstack.com/opinion/chance-v-american-honda-motor-co-lactapp-1993.

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