APPEAL FROM THE FOURTEENTH JUDICIAL DISTRICT COURT, PARISH OF CALCASIEU, NO. 2009-4413. HONORABLE DAVID KENT SAVOIE, DISTRICT JUDGE.
Harold D. Register, Jr., Lafayette, LA, COUNSEL FOR: Plaintiff/Appellant - Stanley Savoie.
Christopher E. John, Assistant City Attorney - City of Lake Charles Legal Department, Lake Charles, LA, COUNSEL FOR: Defendant/Appellee - Calcasieu Parish Sheriff Office.
Court composed of Ulysses Gene Thibodeaux, Chief Judge, John D. Saunders, and Phyllis M. Keaty, Judges.
[14-1133 La.App. 1 Cir. 1]
THIBODEAUX, Chief Judge.
Plaintiff, Stanley Savoie, appeals the grant of an exception of prescription by the trial court after it decided that an untimely, amended petition, substituting a new defendant, did not relate back to the original, timely-filed petition. Mr. Savoie avers that the amended petition arises out of the same transaction or occurrence as the original petition; thus, the amended claim did not prescribe. Upon determining that the substituted defendant did not receive timely notice and was a wholly new and unrelated defendant, we affirm the judgment of the trial court.
Did the trial court err in granting Lake Charles Police Department's exception of prescription after finding that Stanley Savoie's amended petition did not relate back to the original, timely-filed petition?
FACTS AND PROCEDURAL HISTORY
Mr. Savoie was injured on September 13, 2008, during his arrest by Lake Charles Police Department (LCPD). He filed a timely suit for his injury on September 10, 2009. The petition incorrectly named Calcasieu Parish Sheriff Office
(CPSO) as defendant and stated the date of injury as September 13, 2009. After learning of his mistake regarding the defendant, Mr. Savoie filed an amended petition substituting LCPD as defendant on September 16, 2009, three days after prescription ran. LCPD was not served with notice of the suit at this time. Several [14-1133 La.App. 1 Cir. 2] months later, Mr. Savoie filed an " Order to Amend Petition for Damages," again substituting LCPD as defendant, which was then signed by the trial judge and served on LCPD. The City of Lake Charles, on behalf of LCPD, filed a ...