Conerly v. State

858 So. 2d 636, 2003 WL 21487787
CourtLouisiana Court of Appeal
DecidedJune 27, 2003
Docket2002 CA 1852
StatusPublished
Cited by11 cases

This text of 858 So. 2d 636 (Conerly v. State) 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
Conerly v. State, 858 So. 2d 636, 2003 WL 21487787 (La. Ct. App. 2003).

Opinion

858 So.2d 636 (2003)

Edward CONERLY
v.
STATE of Louisiana Through the LOUISIANA STATE PENITENTIARY AND THE DEPARTMENT OF CORRECTIONS.

No. 2002 CA 1852.

Court of Appeal of Louisiana, First Circuit.

June 27, 2003.
Writ Denied November 14, 2003.

*640 John P. Calmes, Jr., Baton Rouge, for Plaintiff/Appellee, Edward Conerly.

David G. Sanders, Baton Rouge, for Defendant/Appellant, State of Louisiana through the Department of Public Safety and Corrections.

Before: CARTER, C.J., WHIPPLE, and CIACCIO,[1] JJ.

CARTER, C.J.

The State of Louisiana, through the Department of Public Safety and Corrections (the State), appeals a trial court judgment overruling its peremptory exception raising the objection of no cause of action and awarding damages for injuries sustained when an inmate slipped and fell on the premises of the Louisiana State Penitentiary at Angola, Louisiana (Angola).

FACTS

Edward Conerly was an inmate at Angola from February of 1982 until 1991. In September of 1982, Conerly underwent reconstructive surgery to his left knee. On December 7, 1982, Conerly allegedly reinjured his left knee when he slipped and fell in Kool-Aid as he was being ushered out of the Camp D kitchen.

Conerly timely filed the instant suit for damages against the State on December 7, 1983. Trial in this matter was held May 17, 2002. Prior to trial, the State filed a peremptory exception raising the objection of no cause of action, contending that Conerly's claim was perempted. The trial court overruled the exception and rendered judgment awarding Conerly damages in the amount of $15,000 together with legal interest from date of judicial demand. The State now appeals.

PEREMPTORY EXCEPTION RAISING THE OBJECTION OF NO CAUSE OF ACTION

The objection of no cause of action questions whether the law extends a remedy to anyone under the factual allegations of the petition. The purpose of an exception raising the objection of no cause of action is to determine the sufficiency in law of the petition. In reviewing a trial court's ruling sustaining an exception raising the objection of no cause of action, the appellate court should conduct a de novo *641 review. Stroscher v. Stroscher, 2001-2769, p. 3 (La.App. 1st Cir.2/14/03), 845 So.2d 518, 523.

Generally, no evidence may be introduced to support or controvert the exception. However, a jurisprudentially recognized exception to this rule allows the court to consider evidence that is admitted without objection to enlarge the pleadings. For purposes of determining the issues raised by the exception, the well pleaded facts in the petition must be accepted as true. The court must determine if the law affords plaintiff a remedy under those facts. Any doubts are resolved in favor of the sufficiency of the petition. The question, therefore, is whether, in the light most favorable to the plaintiff, and with every doubt resolved in his behalf, the petition states any valid cause of action for relief. Stroscher, 845 So.2d at 522.

The State's argument on the exception is not that Conerly's petition is deficient, but rather that at the time of trial, Conerly's claim was extinguished by peremption. However, a peremptory exception raising the objection of no cause of action requires the court to direct its focus at whether, on the face of the petition, the plaintiff is legally entitled to the relief sought. Perez v. Trahant, 2000-2372, p. 5 (La.App. 1st Cir.12/28/01), 806 So.2d 110, 115, writs denied, XXXX-XXXX and XXXX-XXXX (La.8/30/02), 823 So.2d 953. Under these guidelines, we have reviewed Conerly's petition and find that he pleaded facts sufficient to establish a cause of action against the State for negligence. Moreover, Conerly's claim was not perempted at the time the petition was filed. Thus, we find no error in the trial court's judgment denying the peremptory exception raising the objection of no cause of action.

APPLICATION OF LSA-R.S. 49:112

The peremptory exception raising the objection of no cause of action is generally the correct procedural device for raising the issue of preemption; however, in this case the State's arguments exceed the limitations of that procedural device. See Coffey v. Block, 99-1221 p. 8 (La.App. 1st Cir.6/23/00), 762 So.2d 1181, 1186, writ denied, 2000-2226 (La.10/27/00), 772 So.2d 651. The State contends Conerly's claim is perempted, based on application of LSA-R.S. 49:112, which provides:

No claim or debt against the state shall be allowed by the state auditor or paid by the state treasurer after the lapse of ten years from the happening of the event or of the facts upon which any suit is founded or judgment rendered or of the execution of the contract under which the claim is made. No interruption or suspension whatsoever of this prescription shall be allowed. The provisions of this Section shall not apply to the claims, or the judgment rendered thereon, listed in Section 2 of Act No. 110 of 1946.[2] (Footnote added.)

The State argues that although the statute uses the term "prescription," the statute's provisions are clearly peremptive. If the statute is peremptive, as the State argues, then this court can raise the issue of peremption on its own motion. LSA-C.C. art. 3460. However, if the statute is prescriptive, since the issue of prescription has not been specially pleaded, then it is not properly before the court and cannot be raised on the court's own motion. LSA-C.C.P. *642 art. 927 B. Thus, we must first determine whether LSA-R.S. 49:112 is peremptive or prescriptive in nature.

Whether the statutory time period is one of peremption or prescription is a question of statutory interpretation. The function of statutory interpretation and the construction to be given to legislative acts rests with the judicial branch of government. Rougeau v. Hyundai Motor America, XXXX-XXXX, p. 5 (La.1/15/02), 805 So.2d 147, 151. The starting point in the interpretation of any statute is the language of the statute itself. A.K. Durnin Chrysler-Plymouth, Inc. v. Jones, XXXX-XXXX, p. 4 (La.App. 1st Cir.5/10/02), 818 So.2d 867, 870. When a law is clear and unambiguous and its application does not lead to absurd consequences, the law shall be applied as written, and its letter shall not be disregarded in search of the intent of the legislature or under the pretext of pursuing its spirit. A statute shall be construed to give meaning to the plain language of the statute, and courts may not extend statutes to situations that the legislature never intended to be covered. Id.

The Louisiana Supreme Court has set forth the difference between peremption and prescription as follows:

Peremption differs from prescription in several respects. Although prescription prevents the enforcement of a right by legal action, it does not terminate the natural obligation (La. Civ.Code art. 1762(1)); peremption, however, extinguishes or destroys the right (La. Civ. Code Art. 3458). Public policy requires that rights to which peremptive periods attach are to be extinguished after passage of a specified period. Accordingly, nothing may interfere with the running of a peremptive period. It may not be interrupted or suspended; nor is there provision for its renunciation. And exceptions such as contra non valentem are not applicable. As an inchoate right, prescription, on the other hand may be renounced, interrupted, or suspended; and

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858 So. 2d 636, 2003 WL 21487787, Counsel Stack Legal Research, https://law.counselstack.com/opinion/conerly-v-state-lactapp-2003.