Te-Mamou Water District v. Pelts & Skins Export, Ltd.

JjDECUIR, Judge.

Te-Mamou Water District filed suit on open account against Pelts & Skins Export, Ltd. for money due from the sale of water. Pelts & Skins reconvened, alleging damages incurred from the use of water contaminated with sand and sold by the Water District; the reconventional demand was styled as a breach of contract action. The Water District filed an exception of prescription to the reconventional demand, arguing that the demand for damages was a tort claim subject to liberative prescription of one year and the provisions of La.Code Civ.P. art. 1067. The trial judge agreed with…