Erickson v. City of New Orleans

For the reasons stated in my dissent in Howes v. Doucet, 531 So.2d 1151 (La.App. 4th Cir.1988), I would vote to overrule Howes and grant this writ on the merits. Therefore, I dissent from the majority’s judgment reversing the trial court’s denial of the exception of prescription.

Plaintiff John Erickson was injured in an automobile accident on January 3, 1986. Erickson was riding in a car driven by Clarence Gisch when it collided with a vehicle owned by the City of New Orleans and driven by Robert Tucker. Plaintiff failed to appear for trial of the matter on April 15, 1987 because he was…