64 So. 3d 298
La. Ct. App.2011Background
- Mrs. Jensen allegedly injured when she fell at the New Orleans International Airport on October 25, 2008 while requiring wheelchair assistance.
- Southwest Airlines was erroneously named as a defendant and was substituted for Northwest Airlines, Inc. via amended petition filed December 22, 2009.
- Southwest challenged venue and later asserted a peremptory exception of prescription, arguing the amended petition was filed more than one year after the accident.
- NOAB and Southwest reached a Consent Judgment transferring the case to Jefferson Parish; Southwest then filed an exception of prescription.
- The trial court dismissed Southwest on prescription; the issue became whether timely suit against NOAB interrupted prescription against Southwest.
- The court held that timely suit against NOAB did not interrupt prescription against Southwest and that Jensen’s claim against Southwest prescribed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Are NOAB and Southwest solidary obligors? | Jensen contends solidary liability interrupts prescription. | Southwest argues no solidary obligation with NOAB; prescription runs separately. | Solidary status not proven; no interruption of prescription. |
| Is Jensen's claim against Southwest governed by tort one-year prescriptive period or ten-year contract period? | Claim could be breach of contract under a ten-year period. | Contract claim not supported; action arises from tort under common carrier doctrine. | The claim is tort-based with one-year prescription; no ten-year contractual period. |
Key Cases Cited
- Bean v. Texas Intl. Airlines, Inc., 805 So.2d 558 (La. App. 4 Cir. 1975) (tort prescribes in one year; contract terms do not alter prescriptive period)
- Amos v. St. Martin Parish School Bd., 773 So.2d 300 (La. App. 3 Cir. 2000) (common carrier duty; no injury negates tort classification)
- Green v. TACA Int'l Airlines, 304 So.2d 357 (La. 1974) (solidary liability discussed in indemnification context; not controlling here)
- Sizeler v. Employers’ Liability Assurance Co., 102 So.2d 326 (La. App. Orleans 1958) (contractual vs. tort nature; duty under carriage contracts remains tort-based)
- Hoefly v. Government Employees Insurance Co., 418 So.2d 575 (La. 1982) (solidary concepts in insurer/tortfeasor contexts; distinguishable facts)
- Younger v. Marshall, 618 So.2d 866 (La. 1993) (solidarity burden on plaintiff to prove joint liability)
- Waguespack v. Judge, 877 So.2d 1090 (La. App. 5 Cir. 2004) (standard for reviewing peremptory exceptions; manifest error vs. face of pleadings)