Chargois v. Fremin

YELVERTON, Judge.

This appeal is from a judgment maintaining the exception of prescription of one year involving one of the defendants in a tort action. We reverse and remand.

Appellant, Cynthia Chargois, was allegedly the victim of a battery in a grocery store in New Iberia on August 30, 1980. She filed a suit for damages on August 27,1981, naming as defendants Rayward Fremin, Sr. *303d/b/a Fremin s Grocery Store and Fremin, Sr.’s son, Rayward Fremin, Jr., allegedly an employee of the grocery store.

After learning that the grocery business was a corporation and not a sole proprietorship, plaintiff…