Dawauan Harris v. Michael Thornhill and Stupp Bros, Inc. D_B_A Stupp Corporation

Opinion

STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT

DAWAUAN HARRIS NO. 2026 CW 0618 VERSUS

MICHAEL THORNHILL AND STUPP BROS., INC. D/B/A STUPP CORPORATION AUGUST 24, 2026

In Re: Stupp Bros., Inc. d/b/a Stupp Corporation and Stupp Coatings, LLC, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 761004.

BEFORE: McCLENDON, C.J., HESTER AND MILLER, JJ.

WRIT GRANTED IN PART AND DENIED IN PART. The portion of the trial court’s April 10, 2026 judgment which overruled the Peremptory Exception of Prescription filed by defendant, Stupp Coatings, LLC, is reversed. Plaintiff failed to carry his burden of proving interruption or suspension of prescription of his facially prescribed claims against Stupp Coatings, LLC. Sims v. Am. Ins. Co., 2012-0204 (La. 10/16/12), 101 So.3d 1, 4. Accordingly, the exception of prescription is granted, and plaintiff's claims against Stupp Coatings, LLC are dismissed. The writ is denied in all other respects. See Hill v. Franklin, 2023-0970 (La. App. ist Cir. 9/25/24), 2024 WL 4284619 (unpublished), writ denied, 2024-01416 (La. 3/18/25), 402 So.3d 1211; Pierce v. Foster Wheeler Constructors, Ine., 2006-0562 (La. App. ist Cir. 12/28/06), 2006 WL 3804620 (unpublished).

PMc CHH SMM

COURT OF APPEAL, FIRST CIRCUIT