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Givens v. Prof. Nurses Home Health Serv

Supreme Court of Louisiana
Dec 11, 1987
516 So. 2d 120 (La. 1987)

Opinion

No. 87-C-2386.

December 11, 1987.


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.

This does not bar a later plea of prescription if trial on the merits does not establish solidary liability. Pearson, supra.

The judgments maintaining the plea of prescription are reversed and the matter is remanded to the trial court.

REVERSED AND REMANDED.


Summaries of

Givens v. Prof. Nurses Home Health Serv

Supreme Court of Louisiana
Dec 11, 1987
516 So. 2d 120 (La. 1987)
Case details for

Givens v. Prof. Nurses Home Health Serv

Case Details

Full title:VIOLA GIVENS v. PROFESSIONAL NURSES HOME HEALTH SERVICES, INC

Court:Supreme Court of Louisiana

Date published: Dec 11, 1987

Citations

516 So. 2d 120 (La. 1987)

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