Joshua K. Walker and Tana M. Walker v. Ralph Sellers Motor Company, L.L.C. d/b/a Ralph Sellers Dodge Chrysler Jeep and Desert Sun Motors, Inc.

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT
JOSHUA K. WALKER AND TANA M. NO. 2023 CW 0206
WALKER

VERSUS

RALPH SELLERS MOTOR COMPANY,
L.L.C. D/B/A RALPH SELLERS
DODGE CHRYSLER JEEP AND May 9, 2023
DESERT SUN MOTORS, INC.

In Re: Ralph Sellers Motor Company, L.L.C. d/b/a Ralph
Sellers Chrysler Dodge Jeep, applying for supervisory
writs, 23rd Judicial District Court, Parish of
Ascension, No. 134207.

BEFORE: THERIOT, CHUTZ, AND HESTER, JJ.

WRIT DENIED ON THE SHOWING MADE.

MRT
CHH

Chutz, J., dissents and would grant the writ. Both the
original and amended petition of plaintiffs, Joshua K. Walker
and Tana M. Walker, alleged that relator failed to properly
install a replacement engine on their vehicle. This states a
cause of action for breach of a repairman's general duty to
perform repair work in a non-negligent, prudent and skillful
manner; liability for a breach thereof arises ex delicto. See K
& M Enterprises of Slaughter, Inc. v. Richland Equipment Co. ,
Inc., 96-2292 (La. App. 1st Cir. 9/19/97), 700 So.2d 921.
Plaintiffs' action sounds in tort, not contract, and therefore
was subject to a liberati ve prescription of one year. La. Ci v.
Code art. 34 92. Plaintiffs failed to file suit within one year
of the alleged tort damage and failed to bear their burden of
proving applicability of the contra non valentem doctrine.

COURT OF APPEAL, FIRST CIRCUIT

DEPUTY CLERK OF COURT
FOR THE COURT