TRAVELERS INSURANCE v. JEFFERSON INS., 01-2224 (La. 11/21/01); 800 So.2d 777

THE TRAVELERS INSURANCE CO., ET AL. v. JEFFERSON INSURANCE CO. OF NEW YORK, ET AL.

No. 2001-CC-2224.Supreme Court of Louisiana.
November 21, 2001.

IN RE: U-Park System of Louisiana Inc.; — Defendant; Applying for Supervisory and/or Remedial Writs, Parish of Orleans, Civil District Court Div. K, Nos. 17717, 98-17738, 98-17753; to the Court of Appeal, Fourth Circuit, No. 2001-C-1098

Granted. Judgment of the trial court is reversed. Judgment is rendered in favor of relator, dismissing the suits filed by Paul Trahan and Mea Culpa Recording Studio and Travelers Insurance Company, Lafayette Ins. Co. and Pickering Associates d/b/a Pickering, Cotogno Dunn, a Partnership, are dismissed without prejudice. La. Code Civ.P. art. 1672
(C).

CDK

JPV

CDT

JTK

RLL

CALOGERO, C.J., concurs and assigns reasons.

JOHNSON, J., would deny the writ.

Page 1

CALOGERO, Chief Justice, concurs and assigns reasons.

I concur in the majority’s decision dismissing plaintiffs’ suits without prejudice. Plaintiffs have not established that “good cause” existed for their failure to timely request service on the defendant, U-Park System of Louisiana. I concur to point out that because the dismissal is without prejudice, plaintiffs’ original suits may interrupt prescription unless it can be shown that failure to timely request service of citation was due to bad faith for purposes of La.Rev.Stat. 9:5801.