Cavaness v. State, Department of Transportation & Development

I THIBODEAUX, Judge.

Plaintiff, Roger Cavaness, appeals the trial court’s judgment granting defendants’, State of Louisiana (“State”) and Datacom, Inc. (“Datacom”), peremptory exceptions of prescription. Mr. Cavaness argues that his suit for damages against the defendants for reimbursement of expenses incurred in detuning the defendants’ towers is subject to ten-year prescription as a quasi-contractual obligation.

We disagree. Mr. Cavaness’ cause of action sounds in tort. Under La.Civ.Code art. 3492, delictual or tort actions are subject to one-year liberative prescription, which runs from the…