183 So. 3d 627
La. Ct. App.2015Background
- Accident on May 26, 2011; plaintiff Joshua Felix sought uninsured-motorist (UM) benefits and sued Safeway on May 29, 2013 — three days after the two-year prescriptive period expired.
- Safeway filed a peremptory exception of prescription under La. R.S. 9:5629 (two-year UM prescription); trial court sustained the exception and dismissed the suit.
- Felix argued prescription was suspended under the contra non valentem doctrine (first category): courts of competent jurisdiction were closed for days in August 2012 due to Hurricane Isaac, so the prescriptive period should have been tolled for those closure days.
- Felix relied particularly on this court’s decision in Cipriano (Katrina context) to support suspension based on court closures; he did not identify any factual impediment (e.g., attorney chaos or displacement) that prevented filing after the prescriptive period ended.
- The appellate court took judicial notice of the court-closure dates on the Louisiana Supreme Court website, found the facts undisputed, and reviewed the legal question de novo.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether prescription was suspended under the first category of contra non valentem because courts were closed for Hurricane Isaac | Felix: court closures during the prescriptive period created a "legal cause" tolling prescription for the closure days | Safeway: mere occurrence of a hurricane without a factual impediment to filing does not invoke contra non valentem; closure days count as legal holidays and are included in computation | Held: Contra non valentem not invoked; Felix failed to show a factual impediment. Closure days are treated as legal holidays under La. R.S. 1:55 and included in computing the prescriptive period, so the claim was prescribed |
Key Cases Cited
- Whitnell v. Menville, 540 So.2d 304 (La. 1989) (articulates four categories of contra non valentem)
- Cipriano v. Pulitzer, 959 So.2d 558 (La. App. 4 Cir. 2007) (tolled prescription for court closure days after Katrina where factual impediments from the storm existed)
- Marin v. Exxon Mobil Corp., 48 So.3d 234 (La. 2010) (contra non valentem applies only in exceptional circumstances)
- Denoux v. Vessel Mgmt. Servs., Inc., 983 So.2d 84 (La. 2008) (documents attached to memoranda are not evidence unless properly introduced at hearing)