Legal Victory: Full Dismissal in Products Liability Matter
Leake Andersson attorneys Wesley Levesque and Melissa Lam recently secured a full dismissal on behalf of the firm’s insurance client in a products liability case.
Case Background
Nearly two years after an accident, the plaintiff attempted to add an insured manufacturer into the ongoing lawsuit. The plaintiff argued that his filing of a workers’ compensation claim had interrupted prescription against the manufacturer/employer, asserting it was a joint and solidary obligor with the tortfeasor. In making this argument, plaintiff relied on the Louisiana Supreme Court’s decision in Williams v. Sewerage & Water Board of New Orleans, 611 So.2d 1383 (La. 1993).
The Defense Strategy
Levesque and Lam distinguished the Williams decision, noting that in that case, a lawsuit was filed in the public record, which provided constructive notice to all parties. By contrast, the filing of a workers’ compensation claim does not serve as such public notice.
The defense relied instead on the Louisiana Supreme Court’s ruling in Gary v. Camden Fire Ins. Co., 676 So.2d 553 (La. 1996), which expressly held that Louisiana’s workers’ compensation law contains no provisions extending prescriptive periods for tort claims against third-party tortfeasors.
Court’s Ruling
The Court further agreed that the plaintiff failed to meet the two-part test outlined in the Civil Code for interruption of prescription:
- The filing of a timely lawsuit, and
- The existence of a solidary relationship between a defendant sued within the prescriptive period and one who was not.
Because neither condition was satisfied, the judge dismissed the claims with prejudice, delivering a complete victory for the Leake Andersson client.
Conclusion
This outcome highlights the importance of precise legal strategy in prescription and workers’ compensation-related matters. Congratulations to Wesley Levesque and Melissa Lam for their strong advocacy and successful result.
Learn more about how Leake Andersson can assist your company with Products Liability matters at the following link: Products Liability Practice Group.
