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708 So. 2d 418

Docket No. 97-CC-2572.

McDaniels v. Allison

Gwendolyn J. McDANIELS v. Dean ALLISON, Allison Real Estate Sales, Inc., A & M Investments, et al.

Supreme Court of Louisiana

Decided April 9, 1998.

Supreme Court of Louisiana · decided 1998-04-09

Relies on Younger v. Marshall Industries, Inc.

Good law ✅— No negative treatment on recordhow we know

Decided 1998-04-09

How this case has been cited

Cited by 32 later decisions — most recently November 2015 · most notably Furlough v. Union Pacific RR Co. (2000), 793 So. 2d 537 - Hughes v. Scottsdale Ins. Co. (2001)

31 state decisions

190199820002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1

ON REHEARING

¶2PER CURIAM.[*]

¶3After reconsidering our ruling made on January 9, 1998, we revise that ruling as follows. Plaintiff alleged in her amended petition that there was a single injury to her children for which all defendants are jointly liable. Where the allegations in the petition have not been contradicted in the hearing on the exception of prescription, a court must look to see whether the alleged facts, if accepted as true, are sufficient on their face to establish that the timely sued defendant and the untimely sued defendant are jointly liable. If so, then the plaintiff has met her burden of proving an interruption of prescription based on solidary liability. Younger v. Marshall Industries,618 So.2d 866 (La.1993). The court of appeal reversed the trial court's ruling and held that the facts as alleged were insufficient on their face to establish solidary liability. We reverse the judgment of the court of appeal and reinstate the judgment of the trial court denying the exception of prescription at this time. However, if, after trial on the merits, it turns out that under the facts proven by plaintiff there is no solidary liability because the timely filed defendant is not found liable to plaintiff at all, or that there is no single injury for which all defendants are jointly liable, then defendant may re-raise the exception of prescription. Case remanded to the trial court for further proceedings.

NOTES

¶4[*] Lemmon, J., not on panel, recused. Rule IV, Part 2, § 3.

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