Halvorsen v. Groendyke Transport, Inc.

SAVOIE, Judge.

Plaintiff-appellant’s tort claim was dismissed on a peremptory exception on prescription. She appeals.

The issue presented is whether a suit for personal injuries incurred by a third-party driver filed in Federal District Court within one year of the accident, interrupts prescription of appellant’s claim against the same defendants. Appellant sued for property damage resulting from the same accident but filed in state district court more than one year after the accident.

Appellant’s suit arose out of a January 24, 1978 accident. The third-party driver filed suit in Federal…