Majesty v. Comet-Mercury-Ford Co. of Lorain

(dissenting) :

Prescription is interrupted by the commencement of a civil action in a court of competent jurisdiction and in the proper venue. R.S. 9:5801. A civil action is commenced by the filing of a pleading presenting the demand. C.C.P. art. 421. Therefore, nothing more than the filing of a petition in the proper court is necessary to interrupt prescription as to all defendants named in the petition. Schrader v. Coleman E. Adler & Sons, 225 La. 352, 72 So.2d 872 (1954).

In the present case the sole issue is whether Ford Motor Company was effectively named as a defendant in the original…