130 So. 3d 485
La. Ct. App.2014Background
- Stewart sues MetalPro and Nautilus under LPLA, redhibition, and contract theories for defective metal studs used in UNO project.
- Gootee Construction, as general contractor, contracted Stewart (drywall subcontractor) to furnish/install metal studs; MetalPro manufactured studs.
- Indentation/dimple defects appeared on 3rd/4th floors in Nov. 2004; Gootee withheld $420,237.87 from Stewart due to alleged damages.
- Stewart filed suit on March 30, 2005, naming MetalPro and Nautilus; Stewart later claimed to pursue Gootee’s damages.
- Stewart later alleged agency/mandatory relationship with Gootee and sought to add Gootee as a party; Gootee did not intervene.
- Trial court, on March 1, 2013, granted exceptions of no right of action and prescription, dismissing Stewart as Gootee’s agent and Gootee as a direct party; Stewart appeals.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| No right of action for Gootee’s damages | Stewart asserts co-solidary status and agency for damages | Stewart lacks an interest to enforce Gootee’s rights; not a proper plaintiff | No right of action maintained |
| Prescription for Gootee’s claims | Stewart’s initial petition interrupted prescription; amended petition relates back | Claims prescribed; no solidary relation; not timely | Prescriptions upheld; claims prescribed |
Key Cases Cited
- Wallace C. Drennan, Inc. v. Sewerage & Water Bd. of New Orleans, 98-2423, 753 So.2d 861 (La. App. 4 Cir. (1999)) (defines no right of action concept)
- In Re Washington, 2004-0465, 913 So.2d 165 (La. App. 4 Cir. (2005)) (no right of action framework)
- Conway v. Hibernia National Bank, 553 So.2d 1041 (La.App. 4th Cir. (1989)) (solidarity must be express or by law)
- Ebinger v. Venus Constr. Corp., 65 So.3d 1279 (La. 2011) (indemnity action timing post-judgment)