Jonathan Wallace Gurr v. Robert Poter, Individually and as natural tutor of his minor child R.P., Boh Bros. Construction Co., L.L.C., and/or James Construction Group, L.L.C., Bone Safety Signs LLC, SafeAuto Insurance Company, ABC Insurance Company and DEF Insurance Company ( 2022 )

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT
JONATHAN WALLACE GURR NO. 2021 CW 1255
VERSUS
ROBERT PORTER, INDIVIDUALLY AND AS
NATURAL TUTOR OF HIS MINOR CHILD,
R. P., BOH BROS. CONSTRUCTION CO.,
L. L. C., AND/ OR JAMES CONSTRUCTION
GROUP, L. L. C., BONE SAFETY SIGNS,
LLC, SAFEAUTO INSURANCE COMPANY, FEBRUARY 10, 2022
ABC INSURANCE COMPANY AND DEF
INSURANCE COMPANY
In Re: G. E. C., Inc., Philip K. Meyers, P. E. and XL Specialty
Insurance Company, applying for supervisory writs,
19th Judicial District Court, Parish of East Baton
Rouge, No. 660066.
BEFORE: McDONALD, LANIER, AND WOLFE, JJ.
WRIT GRANTED. The trial court' s September 23, 2021
judgment which denied the motion for judgment
summary filed by
defendants, G. E. C., Inc. and XL Specialty Insurance is
Company,
reversed. We find the peremptive period in La. R. S. 9: 5607 is
applicable to plaintiff, Jonathan Gurr' s, claims against G. E. C.,
Inc., a firm licensed to practice in the State
engineering of
Louisiana,
and XL Specialty Insurance Company, and the claims in
this action arise out of an engagement to provide
engineering
services. Plaintiff, Jonathan Gurr, filed his suit on August 1,
2017, more than five years after the time the owner, the
Department of Transportation and Development, took possession of
the improvement with its March 4, 2005 Notice of Completion. We
further find that the indemnity provision in the contract
between G. E. C., Inc. and the Department of Transportation and
Development does not affect the the peremptive
applicability of
period set forth in La. R. S. 9: 5607. Boes Iron Works, Inc. v.
M. D. Descant, Inc., 2014- 0270 ( La. 1st Cir. 9/ 19/ 14),
App. 154
So. 3d 555, 559; and Ebinger v. Venus Const. 2008- 379 (
Corp., La.
App. 3rd Cir. 10/ 1/ 08), 995 So. 2d 1224, 1226. Plaintiff,
Jonathan Gurr, failed to produce tactual support sufficient to
establish the existence of a genuine issuer of material fact or
that defendants are not entitled to judgment as a matter of law.
Accordingly, we grant the motion for summary judgment finding
plaintiff' s claims against G. E. C., Inc., its
and insurer, XL
Specialty Insurance Company, are perempted, and dismiss
plaintiff' s claims against defendants, G. E. C., Inc. and XL
Specialty Insurance Company.
JMM
WIL
EW
O PPIPEAL, FIRST CIRCUIT
DEPUT4EIRK OF COURT
FOR THE COURT