Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Pullin v. Chauvin

Court of Appeals of Louisiana, First Circuit

March 15, 2018

BROOKE PULLIN
v.
LINDA A. CHAUVIN, B&T LEASING, INC., AND STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY

         On Appeal from the 32nd Judicial District Court Parish of Terrebonne, State of Louisiana No. 178794 The Honorable John R. Walker, Judge Presiding

          Philip A. Spence Attorney for Plaintiff/Appellant, Houma, Louisiana Brooke Pullin

          Frederic C. Fondren Attorneys for Defendants/ Appellees, George O. Luce Linda A. Chauvin, B& T Leasing, Mayhall Fondren Blaize Inc., and State Farm Mutual Houma, Louisiana Automobile Insurance Company

          BEFORE: GUIDRY, PETTIGREW, AND CRAIN, JJ

          CRAIN, J.

         The plaintiff, Brooke Pullin, appeals a judgment sustaining an exception of prescription and dismissing her claims against the defendants, Linda A. Chauvin, B&T Leasing, Inc., and State Farm Mutual Automobile Insurance Company. We reverse and remand.

         FACTS AND PROCEDURAL HISTORY

         This suit arises out of an automobile accident that occurred on May 17, 2013. Pullin filed suit claiming damages resulting from the accident (Suit 1), but failed to request service of process upon the defendants within ninety days. The defendants were dismissed pursuant to a consent judgment dated June 3, 2016, which in pertinent part, read:

         CONSENT JUDGMENT ON EXCEPTION OF INSUFFICIENCY OF SERVICE OF PROCESS

         IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that defendants' exception herein is hereby granted, dismissing defendants, Linda A. Chauvin, B&T Leasing, Inc. and State Farm Mutual Automobile Insurance Company, from this litigation without prejudice, at plaintiffs' cost.

         On December 20, 2016, Pullin again sued the defendants claiming damages from the 2013 accident. The defendants filed an exception of prescription. Following a hearing on the exception, the trial court found Pullin voluntarily dismissed her cause of action in Suit 1 by entering the consent judgment and, consequently, Suit 1 did not interrupt prescription. The trial court granted the exception and dismissed Pullin's claims against the defendants. Pullin now appeals.

         DISCUSSION

         The issue presented is the effect of the consent judgment on the interruption of prescription that resulted from filing Suit 1. The December 20, 2016 petition was filed more than one year after the May 17, 2013 accident; therefore, the petition is prescribed on its face. See La. Civ. Code art. 3492 (providing that delictual actions are subject to a one-year prescriptive period commencing the date injury or damage is sustained). Pullin bore the burden of showing that prescription did not toll because of an interruption or suspension. See Big 4 Trucking, Inc. v. New Hampshire Ins. Co., 17-0420 (La.App. 1 Cir. 11/1/17), 233 So.3d 686, 689; Benson v. State, Dep't of Revenue through Office of Alcohol & Tobacco Control, 17-0081 (La.App. 1 Cir. 9/15/17), 227 So.3d 847, 849. Pullin argues Suit 1 interrupted prescription, the interruption continued until the date of the consent judgment, and a new one-year prescriptive period began on that date. Because the instant suit was filed within one-year of the consent judgment, Pullin contends this suit is timely.[1]

         Prescription is interrupted by filing suit in a court of competent jurisdiction and venue. See La. Civ. Code art. 3462. The interruption continues as long as the suit is pending. See La. Civ. Code art. 3463. By interrupting prescription, the time prior to the interruption is not counted, and ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.