Joshua K. Walker and Tana M. Walker v. Ralph Sellers Motor Company, L.L.C. d/b/a Ralph Sellers Dodge Chrysler Jeep and Desert Sun Motors, Inc.

Opinion

STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT JOSHUA K. WALKER AND TANA M. NO. 2023 CW 0206 WALKER

VERSUS

RALPH SELLERS MOTOR COMPANY, L.L.C. D/B/A RALPH SELLERS DODGE CHRYSLER JEEP AND May 9, 2023 DESERT SUN MOTORS, INC.

In Re: Ralph Sellers Motor Company, L.L.C. d/b/a Ralph Sellers Chrysler Dodge Jeep, applying for supervisory writs, 23rd Judicial District Court, Parish of Ascension, No. 134207.

BEFORE: THERIOT, CHUTZ, AND HESTER, JJ.

WRIT DENIED ON THE SHOWING MADE.

MRT CHH

Chutz, J., dissents and would grant the writ. Both the original and amended petition of plaintiffs, Joshua K. Walker and Tana M. Walker, alleged that relator failed to properly install a replacement engine on their vehicle. This states a cause of action for breach of a repairman's general duty to perform repair work in a non-negligent, prudent and skillful manner; liability for a breach thereof arises ex delicto. See K & M Enterprises of Slaughter, Inc. v. Richland Equipment Co. , Inc., 96-2292 (La. App. 1st Cir. 9/19/97), 700 So.2d 921. Plaintiffs' action sounds in tort, not contract, and therefore was subject to a liberati ve prescription of one year. La. Ci v. Code art. 34 92. Plaintiffs failed to file suit within one year of the alleged tort damage and failed to bear their burden of proving applicability of the contra non valentem doctrine.

COURT OF APPEAL, FIRST CIRCUIT

DEPUTY CLERK OF COURT FOR THE COURT