89 So. 3d 532
La. Ct. App.2012Background
- Holmes, a guest at the Clarion Hotel in Alexandria, Louisiana, fell in the hotel restaurant on June 28, 2007, allegedly injuring her knee.
- Plaintiff filed suit on June 28, 2008, naming Choice Hotels, Inc. as owner/operator of the hotel; Triad Hospitality was not named.
- Choice Hotels filed a peremptory exception of no cause of action, arguing it did not own, operate, or control the hotel.
- Plaintiff amended the petition on August 15, 2008, substituting Choice Hotels International d/b/a Clarion Hotel; service on the hotel manager occurred August 26, 2008.
- Triad Hospitality, asserting prescription, answered on October 10, 2008 and moved to dismiss the amended petition as untimely; trial court granted the exception and dismissed the suit, ruling the amendment did not relate back and that the claim was prescribed.
- The appellate court reversed, holding the amended petition relates back under La.Code Civ.P. art. 1153, remanding for further proceedings, and allocated costs to Triad Hospitality.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does the amended petition relate back under Article 1153? | Holmes argues amendment relates back to original filing. | Triad contends amendment does not relate back and action is prescribed. | Yes; amended petition relates back. |
| Does relation back apply given notice and identity of parties? | Holmes asserts no prejudice and misnomer—not a new party. | Triad argues potential prejudice and lack of identity. | Yes; relation back satisfied under Ray criteria. |
Key Cases Cited
- Ray v. Alexandria Mall, 434 So.2d 1083 (La. 1983) (criteria for relation back under Art. 1153; notice and identity considerations)
- Findley v. City of Baton Rouge, 570 So.2d 1168 (La. 1990) (prescription policy; prejudice analysis in amendments)
- Giroir v. South Louisiana Med. Ctr., 475 So.2d 1040 (La. 1985) (amendments adding parties; liberal application of Art. 1153)
- Cohen v. Brookshire Bros. Inc., 819 So.2d 429 (La. 2002) (liberal relation back when there is some identity of interest)
- Findley v. City of Baton Rouge, 570 So.2d 1168 (La. 1990) (reiterated prejudice concept in relation back)
- Masson v. Champion Ins. Co., 591 So.2d 399 (La. App. 4th Cir. 1991) (Art. 1153 applied liberally)
- Spencer-Wallington v. Service Merchandise, Inc., 562 So.2d 1060 (La. App. 1st Cir. 1990) (liberal interpretation of amendments)