Warren v. Hart

GOTHARD, Judge.

The plaintiff appeals dismissal of her suit on an exception of prescription. We affirm.

Pearl Warren alleges she was injured in a fall that occurred on May 10, 1987, between 2:00 p.m. and 3:00 p.m. She filed suit on May 11, 1988 at 8:40 a.m. Her counsel’s novel argument is that the one year prescription period set out in LSA-C.C. art. 3492 began at 2:00 p.m. on May 10, 1987 and did not expire until 2:00 p.m. on May 11, 1988. He contends that the petition filed several hours before 2:00 p.m. was therefore timely. He cites no authority for computing prescription time in hours and…