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Roberts v. USAA Cas. Ins. Co.

Court of Appeal of Louisiana, First Circuit

November 7, 2014

RANDY J. ROBERTS AND JAMIE J. ROBERTS
v.
USAA CASUALTY INSURANCE COMPANY, LIONEL J. BILLOT, MICHAEL A. HEBERT, JENELLE C. HIESTER, STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY AS INSURER FOR JANELLE C. HIESTER, PHYLIS A. CHAUVIN, STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY AS INSURER FOR PHYLIS A. CHAUVIN, AND ABC INSURANCE COMPANY, AS THE INSURER FOR MICHAEL A. HEBERT

On Appeal from the Twenty-Second Judicial District Court, In and for the Parish of St. Tammany, State of Louisiana. No. 2010-16827. Honorable Raymond S. Childress, Judge Presiding.

Paul A. Tabary, III, Elizabeth Borne, Lacey Tabary, Chalmette, Louisiana, Counsel for Plaintiffs/Appellants, Randy J. Roberts and Jamie J. Roberts.

Charles S. Green, Jr., Henry Bellamy, New Orleans, Louisiana, Counsel for Defendant/Appellee, Gulf Coast Electric Co., LLC.

John M. Crosby, Metairie, Louisiana, Counsel for Defendants/Appellees, Jenelle Hiester and State Farm Mutual Automobile Insurance Company as Insurer for Janelle Hiester.

Nat G. Kiefer, Jr., Megan C. Kiefer, Metairie, Louisiana, Counsel for Defendant/Appellee, Progressive Security Insurance Company as the alleged insurer of Gulf Coast Electric Co., LLC.

James P. Nader, Daniel M. Redmann, Sarah C. Douglas, New Orleans, Louisiana, Counsel for Defendants/Appellees, State Farm Mutual Automobile Insurance Company as UM insurer for Randy J. Roberts and Jamie J. Roberts.

Adrianne L. Baumgartner, Kathleen E. Simon, Covington, Louisiana, Counsel for Defendants/Appellees, Phylis A. Chauvin and State Farm Mutual Automobile Insurance Company as insurer for Phylis A. Chauvin.

Michael A. Hebert, Picayune, Mississippi, Defendant/Appellee, In Proper Person.

BEFORE: WHIPPLE, CJ., McCLENDON, AND HIGGINBOTHAM, JJ.

OPINION

Page 419

[2014 0384 La.App. 1 Cir. 3] McCLENDON, J.

Plaintiffs appeal a trial court judgment granting defendant/appellee's peremptory exception raising the objection of prescription. For the following reasons, we reverse.

FACTS AND PROCEDURAL HISTORY

This lawsuit arises from an automobile accident that occurred on November 4, 2009. On November 3, 2010, plaintiffs, Randy Roberts and Jamie Roberts, filed a petition for damages naming Lionel J. Billiot and his liability insurer United Services Automobile Association (USAA)[1] as defendants. Plaintiffs also named Michael A. Hebert, Jenelle C. Hiester, Phylis A. Chauvin, and their liability insurers, as defendants. Plaintiffs alleged that all ...


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