Moody ex rel. Moody v. Murray

189 So. 3d 508, 2016 WL 1357762, 2016 La. App. LEXIS 630
CourtLouisiana Court of Appeal
DecidedApril 6, 2016
DocketNo. 50,398-CA
StatusPublished

This text of 189 So. 3d 508 (Moody ex rel. Moody v. Murray) 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
Moody ex rel. Moody v. Murray, 189 So. 3d 508, 2016 WL 1357762, 2016 La. App. LEXIS 630 (La. Ct. App. 2016).

Opinions

LOLLEY, J.

hThe plaintiff, Kimberly Moody (“Moody”),'on behalf of her minor children Cameron Moody, Shadarien Jackson, and Ladarien Jackson; appeals a judgment dismissing her tort suit against the defendants, the City of Shreveport (“the City”) and Steve E. Murray (“Murray”). The district court determined that Moody’s suit was prescribed. For the following reasons we reverse the trial court’s judgment.

FACTS

This matter arises from an automobile accident on May 4, 2012, involving a Caddo Parish school bus and a Shreveport city bus that was being driven by Murray. Moody’s children were passengers on the school bus, and Murray was an employee of the City. On May 6, 2013, Moody filed suit in the Shreveport City Court against the City, Murray, and an insurer who has [510]*510since been- dismissed from the suit and is not involved in this appeal. The petition alleged that Murray was in the course and .scope of his employment operating a city bus when the accident occurred — he tried to pass the school bus while its stop sign was out.

The minutes of the Shreveport' City Court (“city court”) show that the City was served on May 13, 2013, and Murray was served on May 17, 2013. Answers were filed in response by both defendants: the City’s on June 21, 2013, and Murray’s on July 1, 2013. On August 15, 2013, alleging that the city court lacked jurisdiction over the City, the defendants filed a. motion to transfer the matter to the district court. The city court granted the motion, and the matter was transferred on October 3, 2013.

j2On November 20, 2013, Moody filed a petition for damages in the district court. Subsequently, on January 14, 2014, ■ the defendants filed an exception of prescription. They alleged that the matter had prescribed, because it was initially filed in an incompetent court, and neither the City nor Murray was served within the one-year prescriptive period so as to interrupt the running of prescription. Moody opposed the exception and attempted to file an amended petition removing the City as a- defendant and deleting the allegations that. Murray was in the course and scope of his employment with the City when the accident happened. The district court sustained the defendants’ exception of prescription in a written ruling, and judgment dismissing Moody’s claims against the defendants was rendered on January 5, 2014. Moody’s motion for a new trial was denied, arid this appeal followed'.

Discussion

The sole issue here is whether Moody’s petition against the City and Murray, filed in city court, interrupted prescription, against those parties. The district court determined it did not, finding that Moody’s subsequent suit filed in district court was untimely and the claims against the City and Murray prescribed. Moody argues that the petition filed in city court did indeed interrupt prescription, making the claims brought in district court against the City and Murray timely. For the following reasons, we agree.

Generally, prescription statutes are strictly construed against prescription and in favor of the claim sought to be extinguished by it. Bailey v. Khoury, 2004-0620 (La.01/20/05), 891 So.2d 1268, 1275. Delictual actions are subject to li-berativfe' prescription of one year, which | ^begins to run from the day injury or damage is sustained. La. C.C. art. 3492. The party asserting the peremptory exception of prescription ordinarily bears the burden of proof; however, where prescription is evident on the face of the pleadings, the burden shifts to the plaintiff to prove that the action has not prescribed. Carter v. Haygood, 2004-0646 (La.01/19/05), 892 So.2d 1261.

Louisiana C.C. art. 3462 provides that prescription is interrupted when an action is commenced in a court of competent jurisdiction and venue. But when commenced in an incompetent court or one of improper venue, prescription is interrupted only as to defendants served within the prescriptive period. La. C.C. art. 3462. A competent court is one that has jurisdiction over the subject matter and is of proper venue for the action or proceeding. La. C.C.P. art. 5251(4). Notably, the interruption of prescription against one soli-dary obligor is effective against all solidary obligors and them heirs. La. C.C. art. 1799.

In this case, Moody filed her petition in city court on May 6, 2013, over one year from when the alleged accident occurred [511]*511on May 4, 2013. Howeyer, Moody submitted that the filing on May 6, 2013, a ,Monday, was timely because May 4, 2013, fell on a Saturday and legal holiday under La. R.S. 1:55. The City and Murray, citing La. C.C. art. 3462, countered that the city court was not a court of competent jurisdiction and venue, and they were not served within the prescriptive period so as to interrupt the running of prescription. Thus, we are called to determine whether the city court was a court of competent jurisdiction and venue as to these parties.

| ¿Except as provided by law, a city court has no jurisdiction over cases in which the state, or a parish, municipal or other political corporation is a defendant. Louisiana C.C.P. art. 4847 provides: .

A. Except as otherwise provided by law, a parish court or city court has.no jurisdiction in any of the following cases or proceedings:
⅝ ⅜? ⅝ ⅜ ⅝ ⅝
(6) A case in which the state, or a parish, municipal, or other political corporation is a defendant, ....

According to the general rules of statutory interpretation, the interpretation of any statutory provision begins with the language of the statute itself. Trade F. v. Francisco D., 2015-1812 (La.03/15/16), 188 So.3d 231; McCoy v. City of Shreveport, 49,428 (La.App.2d Cir.11/19/14, 6), 152 So.3d 242, 246, writ denied, 2014-2665 (La.03/13/15), 161 So.3d 640. By the clear and unambiguous wording of the code article, the city court lacked subject matter jurisdiction over the City regarding Moody’s action. La. C.C.P. art. 4847(6). Notably, -however, article 4847 does not include employees of such political subdivisions; therefore, noting the explicit language of the applicable article, we determine that, the city court had jurisdiction over Murray, the City’s employee. So considering, under La. C.C.P. art. 4847(6), the city court did not have Jurisdiction over the City; however, the article makes no mention of .employees of political subdivisions, giving the city court jurisdiction over the Cit/s employee, Murray. In the words of article 3462, the city court was a “court of competent jurisdiction” as to Murray.

|fiWe also ' conclude' that, cohsidering these particular facts, venue as to Murray was also piroper, despite La. R.S. 13:5104(B). That statute which is captioned “Venue,” provides:

All suits filed against a political subdivision of the state or against an officer or employee of a political subdivision for conduct arising out of the discharge of his official duties or within the course and scope of his employment shall be instituted before the district court of the judicial district in which the political subdivision is located or in the district court having jurisdiction in the parish in which the cause of action arises.

Notably, this venue, provision is mandatory. Akins v. Parish of Jefferson, 539 So.2d 44 (La.1989); Rico v. Clarke, 2009-1360 (La.App. 1st Cir.03/26/10), 36 So.3d 309, writ denied, 2010-0958 (La.06/25/10), 38 So.3d 343.

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Related

Akins v. Parish of Jefferson
539 So. 2d 44 (Supreme Court of Louisiana, 1989)
Carter v. Haygood
892 So. 2d 1261 (Supreme Court of Louisiana, 2005)
Patterson v. Weber Marine
630 So. 2d 687 (Supreme Court of Louisiana, 1993)
Rico v. Clarke
36 So. 3d 309 (Louisiana Court of Appeal, 2010)
Sampay v. Morton Salt Co.
395 So. 2d 326 (Supreme Court of Louisiana, 1981)
Bailey v. Khoury
891 So. 2d 1268 (Supreme Court of Louisiana, 2005)
Abels v. General Motors Corp.
899 So. 2d 810 (Louisiana Court of Appeal, 2005)
Foster v. Hampton
381 So. 2d 789 (Supreme Court of Louisiana, 1980)
Tracie F. v. Francisco D.
188 So. 3d 231 (Supreme Court of Louisiana, 2016)
McCoy v. City of Shreveport
152 So. 3d 242 (Louisiana Court of Appeal, 2014)
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Bluebook (online)
189 So. 3d 508, 2016 WL 1357762, 2016 La. App. LEXIS 630, Counsel Stack Legal Research, https://law.counselstack.com/opinion/moody-ex-rel-moody-v-murray-lactapp-2016.