Counsel for Plaintiff/Appellant, Wanda Blackburn Eric M.
Counsel for Defendant/Appellee, Angelan Green, R. Todd
Musgrave, Amanda H. Aucoin.
Counsel for Defendant/Appellee, Rasier, LLC; Rasier - DC and
Rasier - CA, LLC, Paula M. Wellons.
Counsel for Defendant/Appellee, James River Insurance
Company, James A. Prather, Jason M. Freas.
composed of Judges Marc E. Johnson, Robert A. Chaisson, and
Hans J. Liljeberg.
ON APPEAL FROM THE TWENTY-FOURTH JUDICIAL DISTRICT
COURT PARISH OF JEFFERSON, STATE OF LOUISIANA NO. 776-704,
DIVISION "B" HONORABLE CORNELIUS E. REGAN, JUDGE
E. JOHNSON, JUDGE.
seeks review of a judgment sustaining an exception of
prescription and dismissing her petition for damages with
prejudice. Plaintiff initially filed suit on April 27, 2017
for injuries she sustained on April 29, 2016 when Defendant,
Angelan Green, allegedly struck her with Defendant's
vehicle while Plaintiff was standing behind her own vehicle.
Plaintiff filed a second lawsuit on October 10, 2017 for the
same injuries based on the same accident. The first suit was
dismissed with prejudice on November 16, 2017 for
insufficient service of process. Thereafter, Plaintiff's
second lawsuit was dismissed based on prescription. We find
that Defendants failed to carry their burden of proving
Plaintiff's second lawsuit was prescribed, and the trial
court erred in sustaining the exception of prescription.
Therefore, we reverse the ruling of the trial court and
remand the matter for further proceedings.
& PROCEDURAL HISTORY 
April 27, 2017, Plaintiff, Wanda Blackburn, filed a petition
for damages in the 24th Judicial District Court,
Docket No. 771-537, Division "B," against Ms.
Green; Ms. Green's employer, Rasier LLC; and their
liability insurer, James River Insurance, for injuries
resulting from an April 29, 2016 automobile accident that
occurred in Jefferson Parish when Ms. Green's vehicle
allegedly struck Ms. Blackburn, while she was standing behind
her own vehicle. On September 13, 2017, Defendants filed a
Declinatory Exception of Insufficiency of Service of Process
and Motion for Involuntary Dismissal.
the declinatory exception was pending in the first lawsuit,
Ms. Blackburn filed a second petition for damages on October
10, 2017 in the same court - 24th Judicial
District Court, Docket No. 776-704, Division "E" -
seeking the same damages for the same April 29, 2016
after the filing of the second lawsuit, the trial court held
a hearing in the first lawsuit on the declinatory exception
of insufficiency of service of process. In a judgment signed
on November 16, 2017, the trial court sustained the exception
and motion to dismiss and dismissed all of Ms.
Blackburn's claims in the first lawsuit with prejudice.
Ms. Blackburn did not appeal the November 16, 2017 judgment.
months later, on February 16, 2018, Defendants filed an
exception of prescription, or alternatively, an exception of
res judicata, in the second lawsuit - which is at
issue in this appeal. Defendants argued that Ms.
Blackburn's second lawsuit was prescribed because it was
filed more than one year after the accident. They maintained
that under La. R.S. 9:5801, Ms. Blackburn's first lawsuit
did not interrupt prescription because her failure to timely
request service of the lawsuit was in bad faith. Defendants
further urged that the dismissal of the first lawsuit with
prejudice resulted in the second lawsuit being barred under
the doctrine of res judicata. After a hearing, the
trial court sustained the exception of prescription and
dismissed Ms. Blackburn's second lawsuit with prejudice.
Ms. Blackburn appeals this judgment, which was signed on July
appeal, Ms. Blackburn challenges the trial court's ruling
sustaining Defendants' exception of prescription. She
argues that her first lawsuit, which was timely filed in a
competent court of proper venue, interrupted prescription as
to the current lawsuit because the trial court never found