APPEAL
FROM THE SIXTEENTH JUDICIAL DISTRICT COURT PARISH OF IBERIA,
NO. 125902 HONORABLE LEWIS H. PITMAN, JR., DISTRICT JUDGE
Rebecca M. Massa Blake Jones Law Firm, LLC COUNSEL FOR
PLAINTIFF/APPELLANT: Agnes Jones Agnes Jones o/b/o Yokohana
Jones
Joslyn
Renee Alex The Alex Law Firm COUNSEL FOR DEFENDANT/APPELLEE:
Joshua Washington
Allison M. Ackal Borne, Wilkes & Rabalais COUNSEL FOR
DEFENDANT/APPELLEE: Iberia Parish Government Iberia Parish
Public Works Department City of New Iberia
Court
composed of John E. Conery, D. Kent Savoie, and Candyce G.
Perret, Judges.
D.
KENT SAVOIE, JUDGE.
Plaintiff,
Agnes Jones, appeals the judgment of the trial court,
granting the City of New Iberia's Exception of
Prescription and dismissing her claims with prejudice. For
the following reasons, we affirm.
Facts
and Procedural History
Jones
alleges that she lost her footing, fell, and sustained
injuries as a result of a defective walkway located at 909
East Pershing Street in New Iberia, Louisiana on March 14,
2014. On March 9, 2015, Jones filed a Petition for Damages,
individually and on behalf of her minor child, naming as
defendants Iberia Parish Government, Iberia Parish Public
Works Department, and Joshua Washington, the owner of the
premises.
Jones
filed a supplemental petition on February 22, 2017, adding as
defendants the City of New Iberia and the New Iberia Public
Works Department.[1] The City of New Iberia filed an Exception
of Prescription on April 13, 2017, arguing they did not have
timely notice of the lawsuit. The trial court heard the
exception on July 21, 2017, and rendered judgment in favor of
the City of New Iberia on August 14, 2017. Jones now appeals.
Assignments
of Error
Jones
assigns the following errors to the trial court's
judgment:
1. Whether the trial court improperly held the City of New
Iberia and Iberia Parish Government require a
"connection" in order for a timely filed suit
against one defendant to interrupt prescription as to both
defendants?
2. Whether the trial court erred in failing to determine the
City of New Iberia, Iberia Parish Government and Joshua
Washington are joint tortfeasors such that ...