Ivy Restaurant New Orleans, LLC v. Torre

Judge Terri F. Love

11 Defendants own commercial property that is leased to varying types of businesses. Plaintiffs are a group of former business owner lessors who filed suit against the defendants for allegedly concealing “a noisome odor” defect in the property that caused damages. The trial court dismissed appellant’s delictual and contractual claims finding that the claims were prescribed. Appellant now appeals contending that defendants “fraudulently” concealed the defect and that the doctrine of contra non valentem applies. Allegations of fraud did not prevent prescription from tolling…