Smith v. Transport Services Co.

hi respectfully concur in part and dissent in part from the decision of the majority.

I agree with the majority’s analysis and conclusions relative to the trial court’s reversible error when it applied the Housley presumption. I dissent from the majority conclusion that the five hundred new plaintiffs’ claims are not prescribed; those five hundred plaintiffs’ claims are in fact prescribed under existing law and jurisprudence. The peremptory exception of prescription must be maintained. See, Herlitz Construction Co., Inc. v. Hotel Investors of New Iberia, Inc., 396 So.2d 878 (La.1981).

In their…