Welch v. Crown Zellerbach Corp.

SARTAIN, Judge.

This is an appeal from a judgment maintaining exceptions of prescription, peremption, and res judicata and dismissing plaintiff’s suit against defendant. This workmen’s compensation action alleging an injury sustained by plaintiff on May 20, 1970, was filed on October 11, 1973.

It is undisputed that this suit is barred by either the one year or the two year peremptions found in R.S. 23:1209 unless there has been an interruption. Plaintiff contends that his suit filed in April, 1971 against Robert Campbell, Inc. was such an interruption. It is argued that Campbell is a solidary…