Caywood v. Gaines

PLOTKIN, Judge.

The sole issue in this appeal is whether the trial court properly granted an exception of prescription filed on behalf of two defendants named in a Second Supplemental and Amending Petition filed after the running of the one-year prescriptive period. We affirm.

Plaintiff Tammy Caywood filed suit seeking recovery of damages suffered November 19, 1983 in an automobile collision between her car and a dump truck owned and operated by Franklin Gaines. Identified as defendants in the original petition, which was filed August 3, 1984, were Franklin Gaines, his fictitious employer ABC…