106 So. 3d 207
La. Ct. App.2012Background
- Hurricane Katrina caused substantial damage to Harris's Des Allemands residence; Harris sued Citizens for hurricane-related damages under a Citizens policy.
- Suit filed September 13, 2010; Citizens answered with defenses and later an exception of prescription.
- Trial court granted the exception of prescription on November 14, 2011; Harris appealed.
- Record shows no evidence at the hearing; no post-hearing motions were filed.
- Court notes Act 802 extended Katrina-damage prescriptive period to August 30, 2007; Harris filed in 2010, after the extended period.
- Court remands to allow Harris to amend and supplement the petition.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether prescription was properly granted on the petition face | Harris contends class-action suspensions toll prescription. | Citizens asserts claims prescribed on face; burden on Harris to show suspension. | Yes; prescription was proper; Harris failed to prove suspension. |
| Whether La. C.C.P. Art. 596 suspension could be cross-jurisdictional | Cross-jurisdictional tolling should suspend until class actions resolve. | Art. 596 tolling limited to Louisiana actions; cross-jurisdictional tolling not allowed. | Declined to apply cross-jurisdictional tolling; not permitted. |
| Whether filing an individual suit terminates class-based suspension | Filing suit should not negate suspension if Harris remained a putative class member. | Suspension terminated by manner of filing; not shown here. | No ruling on this point due to lack of record evidence; remanded for amendment. |
Key Cases Cited
- Lima v. Schmidt, 595 So.2d 624 (La.1992) (three theories of prescription and suspension/interruptions explained)
- Bailey v. Khoury, 891 So.2d 1268 (La.2005) (burden-shifting on prescription when on face prescriptive period)
- Adams v. Stalder, 934 So.2d 722 (La.App. 1 Cir. 2006) (interruption/suspension concepts; burden shifting)
- Quinn v. Louisiana Citizens Property Insurance Corp., - So.3d- (La. 2012) (rejects cross-jurisdictional tolling under Art. 596)