87-C-2386 Precedential Reversed and remanded. Processed

Givens v. Prof. Nurses Home Health Serv.

Louisiana Supreme Court · Filed December 11, 1987 · 516 So. 2d 120

Cited by

Compeaux v. PLAISANCE INSPECTION & ENT. 639 So. 2d 434 La. Ct. App. 1st Cir. 1994
Francis v. American Well Serv. & Drilling, Inc. 617 So. 2d 1329 La. Ct. App. 3d Cir. 1993
Picone v. Lyons 601 So. 2d 1375 La. 1992
Caywood v. Gaines 569 So. 2d 94 La. Ct. App. 1st Cir. 1990
Arabie v. Northwest Min. Corp. 567 So. 2d 783 La. Ct. App. 3d Cir. 1990

Authorities cited

Identified automatically; this list may not be exhaustive.

Pearson v. Hartford Accident & Indemnity Company 281 So. 2d 724
Superdome Services, Inc. v. State 381 So. 2d 789
Carona v. State Farm Ins. Co. 458 So. 2d 1275

Opinion text

516 So.2d 120 (1987) Viola GIVENS v. PROFESSIONAL NURSES HOME HEALTH SERVICES, INC. No. 87-C-2386. Supreme Court of Louisiana. December 11, 1987. *121 PER CURIAM. GRANTED. The peremptory exception of prescription was incorrectly sustained by the trial court and the court of appeal on the ground that there was no proof of solidary liability at the hearing on the exception. Pearson v. Hartford Accident & Indemnity Company, 281 So.2d 724 (La. 1973) held that if the pleadings factually allege a solidary liability, which would have interrupted prescription, a plea of prescription should not be sustained at a preliminary hearing in the absence of controverting evidence. Suit against either an employer or employee will interrupt prescription as to the other. Foster v. Hampton, 381 So.2d 789 (La.1980). Also see Carona v. State Farm Ins. Co., 458 So.2d 1275 (La.1984) and LSA-C.C. art. 1803. There is solidary liability under the uncontroverted allegations of the petition. Additionally, plaintiff introduced a certified copy of the first suit in this suit. No contrary showing was made. [1] The judgments maintaining the plea of prescription are reversed and the matter is remanded to the trial court. REVERSED AND REMANDED. NOTES [1] This does not bar a later plea of prescription if trial on the merits does not establish solidary liability. Pearson, supra.