Edwards v. Smith

SCHOTT, Judge.

We granted a writ of certiorari in order to examine the validity of a judgment of the trial court which overruled an exception of prescription filed by realtor, U-Haul Co. of Southern Louisiana. The issue is whether the filing of the suit originally in Jefferson Parish was sufficient under LSA-R.S. 9:5801 to interrupt the one year prescription established by C.C. Art. 3536 for an action in tort growing out of an automobile accident.

The accident in question occurred on May 13, 1978, in the Parish of St. Tammany and plaintiffs originally filed a suit in the Parish of Jefferson on…