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Hunt v. Louisiana Municipal Risk Management Agency

Court of Appeals of Louisiana, Third Circuit

April 22, 2015

ALEXIS HUNT, GENAE HUNT INDIVIDUALLY, AND AS NATURAL TUTRIX OF HER MINOR CHILDREN, GEKIRA HUNT AND JAKALYN HUNT
v.
LOUISIANA MUNICIPAL RISK MANAGEMENT AGENCY

SUPERVISORY WRIT FROM THE TWELTH JUDICIAL DISTRICT COURT PARISH OF AVOYELLES, NO. 2013-9283-A HONORABLE MARK A. JEANSONNE, DISTRICT JUDGE

Darrel D. Ryland J.B. Treuting Wesley Elmer Danielle A. Soldani-Ryland Stephen C. Ryland Blake E. Ryland Law Office of Darrel D. Ryland COUNSEL FOR PLAINTIFFS/RESPONDENTS:

Alexis Hunt, Genae Hunt Individually, and as Natural Tutrix of Her Minor Children, Gekira Hunt and Jakalyn Hunt Steven J. Bienvenu Falgoust, Caviness and Bienvenu COUNSEL FOR DEFENDANT/RELATOR: City of Marksville

Court composed of John D. Saunders, Elizabeth A. Pickett, James T. Genovese, Shannon J. Gremillion, and John E. Conery, Judges.

Saunders, J., dissents with written reasons.

Gremillion, J., dissents for the written reasons assigned by Judge Saunders.

JAMES T. GENOVESE JUDGE

This case comes before this court pursuant to remand from the Louisiana Supreme Court. Defendant/Relator, the City of Marksville (City), initially applied for supervisory writs with this court to reverse the judgment of the trial court denying its Exception of Prescription. After this court denied the City's writ, the City then applied for a supervisory and/or remedial writ with the Louisiana Supreme Court. The City's writ to the supreme court was granted, and the case was remanded to us "for briefing, argument[, ] and opinion." For the reasons that follow, we grant the writ and make it peremptory; we reverse the judgment of the trial court denying the Exception of Prescription; we grant the Exception of Prescription; and, we dismiss the petition of Plaintiffs, Alexis Hunt, Genae Hunt Individually, and as Natural Tutrix of Her Minor Children, Gekira Hunt and Jakalyn Hunt.

FACTS

On June 21, 2012, Alexis Hunt, Genae Hunt, Gekira Hunt, and Jakalyn Hunt were involved in an automobile accident with a vehicle owned by the City and being operated by Cory Guillot. On May 9, 2013, suit was filed by Plaintiffs, Alexis Hunt, Genae Hunt Individually, and as Natural Tutrix of Her Minor Children, Gekira Hunt and Jakalyn Hunt (collectively Ms. Hunt), against Defendant, Louisiana Municipal Risk Management Agency (LMRMA). Therein, Ms. Hunt alleged that at the time of the accident, Mr. Guillot was operating a vehicle owned by the City while in the course and scope of his employment with the City. LMRMA was alleged to have a policy of insurance that provided coverage to the City, and, according to the petition, LMRMA was being sued pursuant to La.R.S. 22:655.[1] LMRMA[2] appeared and filed an Exception of No Cause of Action on July 24, 2013.

On July 26, 2013, Ms. Hunt filed a supplemental and amending petition, adding the City as an additional defendant. The City responded with an Exception of Prescription, which it filed on August 26, 2013.

On March 7, 2014, the trial court held a hearing on the Exception of No Cause of Action and the Exception of Prescription. The trial court granted LMRMA's Exception of No Cause of Action and denied the City's Exception of Prescription. Judgment was signed on March 31, 2014, and the City filed an application for supervisory writs with this court on April 25, 2014. Writs were denied by this court on July 18, 2014.

On August 15, 2014, the City applied for writs to the Louisiana Supreme Court. The supreme court granted the City's writ on November 14, 2014, and remanded the matter to this court "for briefing, argument[, ] and opinion."

ISSUE

We must decide whether the trial court erred in denying the City's ...


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