DocketNumber: No. 2013-CC-0138
Citation Numbers: 108 So. 3d 784
Judges: Deny, Johnson, Knoll, Weimer, Writ
Filed Date: 3/1/2013
Status: Precedential
Modified Date: 8/20/2021
In re Dear’s Serenity House, LLC; Proassurance Specialty Insurance Co., Inc.; Wilson, Alicia V.; Wilson, Kate Temple; Maronge, Jonathan; — Defendant(s); Applying For Supervisory and/or Remedial Writs, Parish of Orleans, Civil District Court Div. I, No. 11-13071; to the Court of Appeal, Fourth Circuit, No. 2012-C-1574.
Granted. The original plaintiff must have a right of action for an amending petition to be able to relate back. See Delaney v. Amite Homes, Inc., 12-1640 (La.10/26/12), 101 So.3d 445. It is undisputed that the administratrix did not have a right of action to assert claims for wrongful death and survival action. Therefore, the administratrix’s suit could not have interrupted prescription on Mr. Maronge’s claims. Accordingly, the writ is granted, and the judgment of the district