Melancon v. Continental Casualty Co.

BAILES, Judge Pro Tem.

This matter is before us on a writ of certiorari which we issued for the purpose of examining the validity of the trial court’s action denying the relators’ (defendant’s) motion to dismiss this suit for lack of prosecution for five years under the provisions of LSA-C.C.P. Article 561.

For a proper understanding of the issue before us an explanation of its background is in order.

This suit had its inception as a tort action filed in 1965 seeking damages for certain physical injury allegedly sustained by plaintiff. The civil jury before whom the case was tried rendered a…