Duckworth v. Louisiana Farm Bureau Mutual Insurance Co.
78 So. 3d 835
La. Ct. App.2011Background
- Duckworth sued in December 2008 (34th JDC, St. Bernard) for Katrina damages, after a 2005 loss, and argued prescription interrupted by the federal mass joinder Acevedo v. AAA Ins. Co.
- Acevedo was filed in federal court but later dismissed for incompetent jurisdiction; Duckworth conceded interruption under Art. 3463 was not viable due to dismissal.
- Smith filed December 2008 (Orleans Parish) for Katrina damages and asserted interruption of prescription due to Acevedo, with Farm Bureau same peremptory defenses as in Duckworth.
- Duckworth and Smith alternatively argued Art. 596 tolling because they were putative members of class actions Vinturella v. Louisiana Farm Bureau and State of Louisiana v. AAA Insurance.
- Trial courts granted Farm Bureau’s Exception of Prescription in both cases; the Court of Appeal affirms, adopting Katz v. Allstate’s rule that pre-certification individual suits negate Article 596 tolling.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did Acevedo interrupt prescription? | Duckworth/Smith relied on Art. 3463 due to Acevedo filing. | Dismissal for incompetent jurisdiction negates interruption under Art. 3463. | No interruption under Art. 3463; prescription not tolled. |
| Does Art. 596 toll prescription for putative class actions? | Art. 596 tolls when plaintiff is a putative class member in Vinturella/AAA actions. | Art. 596 tolling foregone when individual suit filed before class certification. | Tolling not available; pre-certification independent suits foreclose Art. 596 tolling. |
| Does filing an individual action before class certification affect tolling in Katz-type analyses? | Argues tolling should apply per Katz and related authorities. | Pre-certification filing defeats tolling recognized in Katz. | Katz applied; tolling defeated. |
| Are Katz and Lester controlling in these consolidated cases? | Seeks to rely on Katz and Lester to sustain timely claims. | Katz/Lester support pre-certification filing defeating tolling. | Katz and Lester controlling; judgments affirmed. |
Key Cases Cited
- Katz v. Allstate Ins. Co., 917 So.2d 443 (La. Ct. App. 4th Cir. 2005) (pre-certification tolling rules for putative class members)
- Lester v. Exxon Mobil Corp., 42 So.3d 1071 (La. Ct. App. 5th Cir. 2010) (class action tolling implications)
- Taranto v. Louisiana Citizens Property Ins. Corp., 62 So.3d 721 (La. 2011) (art. 596 tolling framework and appellate application)