Kenny v. Hoschar

IJTERRI F. LOVE, Judge.

On appeal, plaintiff challenges the constitutionality of the retroactive application of the 1992 amendment of La. R.S. 22:1386 and more specifically its application to the instant case. For the reasons assigned below, we affirm the decision of the trial court dismissing plaintiffs claims.

FACTS AND PROCEDURAL HISTORY

The parties filed a joint stipulation of the facts giving rise to this action as follows:

An automobile accident took place on September 12, 1989, when a car being driven by plaintiff Marion Kenny (“Kenny”) was rear-ended by one owned and driven by Kenneth…