168 So. 3d 646
La. Ct. App.2014Background
- Adrian Ules and Katherine Sturgill are divorced parents of minor A.I.; Katherine was domiciliary parent.
- On Nov. 4, 2011, A.I. (age 9) was injured on a school field trip to the Louisiana State Capitol.
- Katherine filed suit on Jan. 4, 2012, on behalf of A.I.; she later amended to add her own loss-of-consortium claim.
- Adrian filed a separate suit on Apr. 12, 2013, asserting his own loss-of-consortium claim against the Diocese and the State.
- The Diocese (and separately the State) filed peremptory exceptions asserting prescription (one-year liberative period for delictual actions under La. Civ. Code art. 3492); the trial court sustained the exceptions and dismissed Adrian’s suit with prejudice.
- Adrian appealed, arguing Katherine’s timely suit interrupted prescription as to his loss-of-consortium claim; the appellate court affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Katherine’s timely suit interrupted prescription for Adrian’s subsequently filed loss-of-consortium claim | Katherine’s suit (filed timely on behalf of the primary victim) shares the same cause of action and thus interrupts prescription for Adrian’s claim (citing Louviere) | Loss-of-consortium is a separate delictual cause of action subject to a one-year prescriptive period; Katherine’s suit does not interrupt prescription for Adrian’s separate claim | Held: Loss-of-consortium is a separate cause of action; Katherine’s suit did not interrupt prescription for Adrian’s claim; Adrian’s suit prescribed and dismissal affirmed |
Key Cases Cited
- Louviere v. Shell Oil Co., 440 So.2d 93 (La. 1983) (suit by one party may interrupt prescription for all who share a single cause of action; does not apply when suits assert different causes of action)
- Marin v. Exxon Mobil Corp., 48 So.3d 234 (La. 2010) (standard of review for factual findings on prescription: manifest error/clearly wrong)
- Allemand v. Discovery Homes, Inc., 38 So.3d 1183 (La. App. 1 Cir. 2010) (loss-of-consortium is a separate cause of action from the primary victim’s claim)