Lavergne v. Western Co. of North America

SAMUEL, Judge.

This is an appeal from a judgment granting defendants’ motion to strike plaintiff’s prayer for a jury trial. The matter previously has been-before this court on the issue of whether or not the suit was filed timely. On that occasion we held the admiralty doctrine of laches allowed the plaintiff to maintain his suit against defendants even though it was filed after passage of the Louisiana one year prescriptive period.1 However, we also maintained the defendants’ exception of vagueness and remanded to the district court for further proceedings.

The pertinent facts alleged are that…