Moore v. Gencorp, Inc.

633 So. 2d 1268, 1994 WL 89596
CourtSupreme Court of Louisiana
DecidedMarch 22, 1994
Docket93-C-0814
StatusPublished
Cited by51 cases

This text of 633 So. 2d 1268 (Moore v. Gencorp, Inc.) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Moore v. Gencorp, Inc., 633 So. 2d 1268, 1994 WL 89596 (La. 1994).

Opinion

633 So.2d 1268 (1994)

Arean MOORE, as Natural Tutrix of Her Minor Children, Traney Moore, Tasha Moore, and Terrence Moore
v.
GENCORP, INC., Gencorp, Inc. of Ohio, et al.

No. 93-C-0814.

Supreme Court of Louisiana.

March 22, 1994.

*1269 Thomas L. Gaudry, Jr., Michael L. Martin, Windhorst, Gaudry, Ranson, Higgins & Gremillion, for applicant.

Lloyd W. Hayes, Katherine B. Muslow, Thomas, Hayes & Beahm, for respondents.

DENNIS, Justice.[*]

The issue is whether an intervention by recently alerted wrongful death claimants, which was not barred by prescription at the time the principal wrongful death action was originally filed, is timely, if filed within ninety days of the date of service of an amended principal demand. The trial court maintained the defendants' exception of prescription and the court of appeal affirmed. Moore v. Gencorp, Inc., 615 So.2d 1092 (La.App. 4th Cir.1993). We granted certiorari, 619 So.2d 556 (La.1993), and now reverse. Because the action asserted in the amended principal demand arose out of the conduct, transaction, or occurrence set forth in the original petition, the amended principal demand related back to the date of the filing of the original petition. An intervention is an incidental demand. Consequently, the intervention in the present case was not barred by prescription because it was not barred at the time the main demand was filed and was filed within ninety days of the date of service of the amended principal demand. La.Code Civ.P. art. 1067.

On June 2, 1987, Wallace A. Griffin was fatally injured when the right front tire of the van he was driving blew out causing the van to strike a guardrail and causing the ejection of Griffin. Arean Moore filed a wrongful death and survival action on May 20, 1988, as natural tutrix and on behalf of her three children who are acknowledged illegitimate children of Wallace Griffin, against Gencorp, Inc. and/or Gencorp, Inc. of Ohio and/or General Tire Inc. (collectively referred to as Gencorp), the manufacturer of the tire. In her petition, Moore alleged that the tire was manufactured defectively and that this defect caused Wallace Griffin's death. On August 2, 1990, Moore amended her petition to add Liberty Mutual Insurance Company, Gencorp's insurer, as a defendant.

*1270 On August 3, 1990, a petition of intervention was filed by Edwina Griffin, Wallace Griffin's wife, individually and as natural tutrix of their two minor children, Kenya and Kenyatta Griffin; Attlena Griffin and Sessnay Griffin, Wallace Griffin's two major children; and Kimberly Bradford Butler, Wallace Griffin's acknowledged major child (collectively referred to as intervenors). The intervenors reiterated, reaverred, and adopted the pertinent allegations of plaintiffs' petition and prayed for a judgment against the defendants, together with legal interests and costs.

Among other pleadings, the defendants filed an exception of prescription and/or no cause of action in opposition to the intervention, averring that all demands and causes of actions set forth in the petition of intervention have prescribed under Louisiana Civil Code articles 2315.1 and 2315.2. The trial court maintained the exception of prescription and dismissed the intervention. The intervenors appealed arguing that their claim was timely filed under Louisiana Code of Civil Procedure article 1067. Defendants argued that Article 1067 was designed only to allow a litigant who is brought into a lawsuit at the end or very near the end of the prescriptive period, an additional ninety days from service of the main demand to assert an incidental claim. The court of appeal held that Article 1067 did not apply to intervenors and affirmed the trial court. Moore v. Gencorp, Inc., 615 So.2d 1092 (La.App. 4th Cir. 1993). We granted certiorari, 619 So.2d 556 (La.1993), and now reverse.

It is undisputed that the amendment of the original petition asserted an action arising out of the same conduct, transaction, or occurrence set forth in the original pleading and therefore related back to the date of the filing of the original pleading. La.Code Civ.P. art. 1153. Further, there is no doubt that the intervention filed by the recently alerted wrongful death claimants was an incidental demand within the meaning given that term by the code of civil procedure. "Incidental demands are reconvention, cross-claims, intervention, and the demand against third parties." La.Code Civ.P. art. 1031 B. The only question raised by the present case that we need address is whether the legislature intended to exclude intervention from the meaning of the term "incidental demand" that it used in Article 1067 of the same chapter of the code of civil procedure.

Louisiana Code of Civil Procedure article 1067 provides:

Art. 1067. When prescribed incidental or third party demand is not barred
An incidental demand is not barred by prescription or peremption if it was not barred at the time the main demand was filed and is filed within ninety days of date of service of main demand or in the case of a third party defendant within ninety days from service of process of the third party demand.

The language and history of Article 1067 clearly express the legislative aim to include intervention within the meaning of incidental demand as used in that article.

First, always, is the question whether the legislature has directly spoken to the precise question at issue. If the intent of the legislature is clear, that is the end of the matter; for the courts must give effect to the unambiguously expressed intent of the legislature if its application does not lead to absurd consequences. La.Civ.Code art. 9; Ramirez v. Fair Grounds Corp., 575 So.2d 811 (La.1991). Cf. Chevron v. Natural Resources Defense Council, 467 U.S. 837, 842, 104 S.Ct. 2778, 2781, 81 L.Ed.2d 694 (1984). We think intervention is clearly within the intended scope of Article 1067 and that its application thereunder does not produce ridiculously unreasonable, unsound, or incongruous results. Intervention is expressly included by name and definition within the incidental demands allowed according to the general dispositions section of "Chapter 6. Incidental Actions" of the code of civil procedure. Intervention is a word of art or technical procedural law term and must be given the technical definition intended by the code in the present case involving a civil procedure question. Article 1067 itself speaks of incidental demand generally, without qualification or exclusion of any particular such demand in both its title and its body. In short, there is no implication or suggestion in the legislated law that intervention should be *1271 silently read out of the provisions of Article 1067 pertaining to when a prescribed incidental or third party demand is not barred.

Second, the history of Article 1067 indicates the clear legislative intent to include intervention under its aegis as a class of prescribed demand to be granted limited protection from the bar of prescription. As originally added by Act 472 of 1970, Article 1067 provided:

Art. 1067. When prescribed reconvention is not barred
A reconvention is not barred by prescription if it was not barred at the time the main demand was filed; provided such reconvention is filed within ninety days of date of service of main demand.

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633 So. 2d 1268, 1994 WL 89596, Counsel Stack Legal Research, https://law.counselstack.com/opinion/moore-v-gencorp-inc-la-1994.