Chelsea McGraw v. Sellers 3, LLC d/b/a Ralph Sellers Chrysler

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT

CHELSEA MCGRAW NO. 2020 CW 1097

VERSUS

SELLERS 3 LLC D/ B/ A RALPH DECENBER 21, 2020
SELLERS CHRYSLER

In Re: Ralph Sellers Motor LLC, for
Company, applying
supervisory writs, 23rd Judicial District Court,
Parish of Ascension, No. 127299.

BEFORE: WHIPPLE, C. J., WELCH AND CHUTZ, JJ.

WRIT DENIED.

VGW
JEW

Chutz, J., concurs in part and dissents in part. I would

grant the writ in part and reverse the portion of the trial
court' s September 23, 2020 judgment denying the exception of

prescription filed by defendant, Ralph Sellers Motor Company,
LLC' s. Plaintiff' s claim for negligent misrepresentation has
prescribed on its face because according to the petition, the
alleged misrepresentations occurred on August 27, 2016, and this
suit was not filed until November 12, 2019. The allegations
contained in the petition were insufficient to support
plaintiff' s assertion that contra non valentem suspended
prescription as to this cause of action. Therefore, I would
grant the exception of prescription and dismiss the plaintiff' s
cause of action for negligent misrepresentation, but would allow
plaintiff the opportunity to amend her pleadings, if she can, to
remove the grounds of the objection. See La. Code Civ. P. art.
934. I concur in the denial of the writ in all other respects.

COURT OF APPEAL, FIRST CIRCUIT

DEPUTY CLERK OF COURT
FOR THE COURT