RODERICK F. LEE
THOMAS D. SAPP, STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, BMW FINANCIAL SERVICES, N.A., L.L.C. AND FINANCIAL SERVICES VEHICLE TRUST, INC.
From Civil District Court, Orleans Parish No. 2010-07164,
Division "G-11" Honorable Robin M. Giarrusso, Judge
Roderick F. Lee Pro Se /Appellant
Charles R. Rumbley Lobman, Carnahan, Batt, Angelle &
Nader Counsel For Defendant/Appellee
composed of Chief Judge James F. McKay III, Judge Edwin A.
Lombard, Judge Regina Bartholomew-Woods
F. MCKAY III CHIEF JUDGE
a personal injury case. The plaintiff, Roderick F. Lee
("Mr. Lee"), appeals the June 22, 2018 judgment
granting an exception of prescription filed by the
defendants, State Farm Mutual Automobile Insurance Company
("State Farm"), and dismissing the matter with
prejudice. For the reasons set forth below, we affirm.
OF FACTS AND PROCEDURAL HISTORY
August 15, 2009, Mr. Lee was involved in an automobile
accident with another vehicle driven by State Farm's
insured, Thomas Sapp ("Mr. Sapp"). Mr. Lee filed a
petition for damages on July 12, 2010, alleging Mr.
Sapp's negligence. State Farm denied coverage, asserting
that Mr. Sapp's policy of insurance was not in effect on
the date of the accident, because the policy had not been
renewed. In a prior appeal, this Court held that coverage
existed at the time of the accident. Lee v. Sapp,
2014-1047 (La.App. 4 Cir. 3/4/15), 163 So.3d 60. (Sapp
support of their coverage defense, State Farm relied on the
August 16, 2013 affidavit ("first affidavit") of
Jonathan Owens, which stated that State Farm sent a
non-renewal notice to Mr. Sapp on March 17, 2009, advising
him that his policy would not renew after June 3, 2009,
unless Mr. Sapp contacted an agent in his new area of
residence to transfer the policy. The affidavit also states
that Mr. Sapp did not renew the policy. After discovery,
State Farm produced Jonathan Owens' January 24, 2014
affidavit ("second affidavit"), stating that upon
further review of the underwriting file, the March 17, 2009
notice was not sent to Mr. Sapp.
light of the information presented in State Farm's second
affidavit, Mr. Lee asserts that the first affidavit was
false. On July 13, 2016, Mr. Lee filed a Second Supplemental
and Amended Petition, asserting various first-party and
third-party bad faith claims against State Farm.
August 24, 2016, Mr. Lee entered into a settlement with Mr.
Sapp and State Farm, reserving all bad faith claims asserted
against State Farm in the Second Supplemental and Amended
Petition. In a prior proceeding, all of the first-party bad
faith claims were dismissed. See Lee v Sapp,
2017-0490 (La.App. 4 Cir. 12/6/17), 234 So.3d 122. (Sapp
II). Thus, the only action remaining in this case is Mr.
Lee's claim of misrepresentation against State Farm
brought pursuant to La. R.S. 22:1973(B)(1).
response to Mr. Lee's Second Supplemental and Amended
Petition, State Farm filed an exception of prescription with
respect to the remaining misrepresentation claim. State Farm
argues that their discovery response, which included the
second affidavit, was sent to Mr. Lee's attorney of
record on January 27, 2014. Therefore, State Farm submits
that as of January 27, 2014, Mr. Lee was placed on notice of
any potential claim for misrepresentation, and he had until
January 27, 2015, to file his action. The Second Supplemental
and Amended Petition was not filed until July 13, 2016.
matter was brought before the trial court on May 25, 2018.
Judgment was rendered on June 22, 2018, granting State
Farm's exception of prescription, and dismissing Mr.
Lee's remaining bad faith claim for misrepresentation
pro se appeal, Mr. Lee's assignments of error
are not clearly enumerated. He argues, generally, that: (1)
the Second Supplemental and Amended Petition related back to
the original petition; and (2) prescription was interrupted
and/or renounced by State Farm when they tendered payment on
September 9, ...