from the Fourth Judicial District Court for the Parish of
Morehouse, Louisiana Trial Court No. 201533 Honorable Wilson
& NWOKORIE, LLC Counsel for Appellants By: Anselm
Nwokorie Brian G. Smith
HUDSON, POTTS & BERNSTEIN, LLP Counsel for Appellee By:
Robert M. Baldwin City of Bastrop Johnny R. Huckabay, II
Larry D. McCarty
CHRISTOVICH & KEARNEY, LLP Counsel for Appellee By: Mindy
Brickman Veolia Water North Christy Lynn McMannen
WILLIAMS, DREW (Ad Hoc), and BLEICH (Pro Tempore), JJ.
BLEICH, J. (Pro Tempore)
action for damages arises from alleged malfunctions of the
City of Bastrop's sewerage system. Plaintiffs appeal a
summary judgment granted in favor of the City of Bastrop and
Veolia Water North America-South, LLC. We affirm.
1999, Terry and Cynthia Newsome ("the Newsomes")
purchased immovable property on Rose Street in Bastrop,
Louisiana. Shortly after the purchase of the property, the
Newsomes began to experience sewage backup in their home due
to the overburdened wastewater collection system that could
not contain the increased amount of water caused by rainfall.
The water overflow escalated and eventually caused sewage
water to back up into the tubs, toilets, and sinks inside the
house and produced varying types of water damage to the
February 4, 2015, the Newsomes filed a petition for damages
against the City of Bastrop, through its Mayor Arthur Jones
("the City"), and Veolia Water North America-South,
LLC ("Veolia") alleging that the flooding of the
property caused by sewage overflow was due to negligence and
failure to properly maintain the sewerage system. The City is
the owner of the sewerage system, but contracted with Veolia
in 2012 to maintain and operate the sewerage system and
discovery, Veolia filed a motion for summary judgment on the
grounds that any claims the Newsomes may have had against the
City or Veolia had prescribed. The City filed a separate
motion incorporating and adopting Veolia's motion. After
a hearing, the trial court granted summary judgment in favor
of the City and Veolia, and denied a motion by the Newsomes
to strike an affidavit submitted in support of the summary
judgment. The Newsomes now appeal that judgment.
typically asserted through the procedural vehicle of the
peremptory exception, the defense of prescription may also be
raised by motion for summary judgment. Hogg v. Chevron
USA, Inc., 2009-2632 (La. 07/06/10), 45 So.3d 991, 997.
When prescription is raised by motion for summary judgment,
review is de novo, using the same ...