Jones v. Iberia Parish Gov't

257 So. 3d 198
CourtLouisiana Court of Appeal
DecidedSeptember 26, 2018
Docket18-34
StatusPublished
Cited by1 cases

This text of 257 So. 3d 198 (Jones v. Iberia Parish Gov't) 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
Jones v. Iberia Parish Gov't, 257 So. 3d 198 (La. Ct. App. 2018).

Opinion

SAVOIE, Judge.

*199Plaintiff, Agnes Jones, appeals the judgment of the trial court, granting the City of New Iberia's Exception of Prescription and dismissing her claims with prejudice. For the following reasons, we affirm.

Facts and Procedural History

Jones alleges that she lost her footing, fell, and sustained injuries as a result of a defective walkway located at 909 East Pershing Street in New Iberia, Louisiana on March 14, 2014. On March 9, 2015, Jones filed a Petition for Damages, individually and on behalf of her minor child, naming as defendants Iberia Parish Government, Iberia Parish Public Works Department, and Joshua Washington, the owner of the premises.

Jones filed a supplemental petition on February 22, 2017, adding as defendants the City of New Iberia and the New Iberia Public Works Department.1 The City of New Iberia filed an Exception of Prescription on April 13, 2017, arguing they did not have timely notice of the lawsuit. The trial court heard the exception on July 21, 2017, and rendered judgment in favor of the City of New Iberia on August 14, 2017. Jones now appeals.

Assignments of Error

Jones assigns the following errors to the trial court's judgment:

1. Whether the trial court improperly held the City of New Iberia and Iberia Parish Government require a "connection" in order for a timely filed suit against one defendant to interrupt prescription as to both defendants?
2. Whether the trial court erred in failing to determine the City of New Iberia, Iberia Parish Government and Joshua Washington are joint tortfeasors such that suit filed timely naming Iberia Parish Government and Joshua Washington also interrupts prescription as to the City of New Iberia?

Discussion

In Allain v. Tripple B Holding, LLC , 13-673, pp. 9-10 (La.App. 3 Cir. 12/11/13), 128 So.3d 1278, 1285, this court discussed the appellate standard of review on an exception of prescription:

Prescription is a peremptory exception which is provided for in La.Code Civ.P. art. 927. Evidence in support or contravention of the exception may be introduced if the grounds are not apparent from the petition. La.Code Civ.P. art. 931. An appellate court reviews the exception under the manifest error standard of review if evidence is introduced in support or contravention of the exception.
*200Dugas v. Bayou Teche Water Works , 10-1211 (La.App. 3 Cir. 4/6/11), 61 So.3d 826. If not, the appellate court "simply determines whether the trial court's finding was legally correct." Id. at 830.

Neither party introduced evidence at the hearing on the exception of prescription held July 21, 2017. Therefore, we must determine whether the trial court's finding was legally correct.

The mover ordinarily bears the burden of proof on an exception of prescription. Comeaux v. Romero , 15-473 (La.App. 3 Cir. 12/9/15), 182 So.3d 1102. However, "if prescription is evident on the face of the petition, the burden shifts to the plaintiff to demonstrate that prescription has been suspended or interrupted." Id. at 1107.

Delictual liability claims must be brought within one year from the date of injury or damage. La.Civ.Code art. 3492. In the present case, the City of New Iberia was named as a defendant in Jones' lawsuit by an amended petition filed nearly three years after the accident. Thus, Jones' claims against the City of New Iberia are prescribed on the face of the petition, and Jones bears the burden of proving that her claim has not prescribed.

In her first assignment of error, Jones complains that the trial court erred in finding that the Iberia Parish Government and the City of New Iberia required a "connection" in order to interrupt prescription. The basis for this complaint is that Jones did not substitute the City of New Iberia for the Iberia Parish Government in the amending petition, but, rather, she added a defendant. As such, Jones argues that La.Code Civ.P. art. 1153 is inapplicable. We agree.

"Under certain circumstances a claim may be amended and considered timely after the one-year period, so long as the original pleading was timely filed." Savoie v. Calcasieu Par. Sheriff Office , 14-1133, p. 4 (La.App. 3 Cir. 3/4/15), 157 So.3d 1278, 1281 ; See La.Code Civ.P. art. 1153. Louisiana Code of Civil Procedure Article 1153 provides: "When the action or defense asserted in the amended petition or answer arises out of the conduct, transaction, or occurrence set forth or attempted to be set forth in the original pleading, the amendment relates back to the date of filing the original pleading."

In Ray v. Alexandria Mall , 434 So.2d 1083, 1086 (La.1983) (emphasis added), the Louisiana Supreme Court established four criteria to determine "whether La.Code Civ.P. art. 1153 allows an amendment which changes the identity of the party or parties sued to relate back to the date of filing of the original petition. The criteria are:

(1) The amended claim must arise out of the same transaction or occurrence set forth in the original pleading;
(2) The purported substitute defendant must have received notice of the institution of the action such that he will not be prejudiced in maintaining a defense on the merits;
(3) The purported substitute defendant must know or should have known that but for a mistake concerning the identity of the proper party defendant , the action would have been brought against him;
(4) The purported substitute defendant must not be a wholly new or unrelated defendant , since this would be tantamount to assertion of a new cause of action which would have otherwise prescribed.

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Bluebook (online)
257 So. 3d 198, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jones-v-iberia-parish-govt-lactapp-2018.