Dawauan Harris v. Michael Thornhill and Stupp Bros, Inc. D_B_A Stupp Corporation
Dawauan Harris v. Michael Thornhill and Stupp Bros, Inc. D_B_A Stupp Corporation, No. 2026 CW 0618 (La. Ct. App. 1st Cir. Aug. 24, 2026).
Opinion text
STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT
DAWAUAN HARRIS NO. 2026 CW 0618
VERSUS
MICHAEL THORNHILL AND STUPP
BROS., INC. D/B/A STUPP
CORPORATION AUGUST 24, 2026
In Re: Stupp Bros., Inc. d/b/a Stupp Corporation and Stupp
Coatings, LLC, applying for supervisory writs, 19th
Judicial District Court, Parish of East Baton Rouge,
No. 761004.
BEFORE: McCLENDON, C.J., HESTER AND MILLER, JJ.
WRIT GRANTED IN PART AND DENIED IN PART. The portion of the
trial court’s April 10, 2026 judgment which overruled the
Peremptory Exception of Prescription filed by defendant, Stupp
Coatings, LLC, is reversed. Plaintiff failed to carry his burden
of proving interruption or suspension of prescription of his
facially prescribed claims against Stupp Coatings, LLC. Sims v.
Am. Ins. Co., 2012-0204 (La. 10/16/12), 101 So.3d 1, 4.
Accordingly, the exception of prescription is granted, and
plaintiff's claims against Stupp Coatings, LLC are dismissed.
The writ is denied in all other respects. See Hill v. Franklin,
2023-0970 (La. App. ist Cir. 9/25/24), 2024 WL 4284619
(unpublished), writ denied, 2024-01416 (La. 3/18/25), 402 So.3d
1211; Pierce v. Foster Wheeler Constructors, Ine., 2006-0562
(La. App. ist Cir. 12/28/06), 2006 WL 3804620 (unpublished).
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