Perniciaro v. Liberty Mutual Insurance Co.
Also decided on this docket: La., May 9, 2003 843 So. 2d 386
Perniciaro v. Liberty Mutual Insurance Co., 820 So. 2d 600 (La. Ct. App. 1st Cir. 2002).
Cited by
- Ann Marie Carrero, Elizabeth Ann Carrero and Nancy Carrero Vinci v. Mandina's, Inc., D/B/A … La. Ct. App. 4th Cir. 2026
- Holly Dunn v. Board of Commissioners of the Port of New Orleans and Ports … La. Ct. App. 4th Cir. 2025
- Ann Marie Carrero, Elizabeth Ann Carrero and Nancy Carrero Vinci v. Mandina's, Inc. D/B/A … La. Ct. App. 4th Cir. 2019
Opinion text
11 BYRNES, C.J., concurs. I respectfully concur. An argument can be made that the language of LSA-C.C. art. 2323 is sweeping enough that comparative negligence should apply. This conclusion is reinforced by its placement following all of the liability articles instead of placing it immediately following LSA-C.C. art. 2315. •However, I believe that the legislature in setting up the seven year preemptive period in LSA-R.S. 9:2772 made the policy determination that after the passage of that much time the negligence of the architects and contractors becomes so remote as to be conclusively presumed to no long *602 er be a substantial cause in fact of injury. In other words, the failure of the owner to discover and remedy the defect after such a period of time eclipses the original negligence of the architects and contractors.