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Bujol v. Entergy Services8/14/2002
re: prescription, ALSA's liability for compensatory damages, ALSA's liability for exemplary damages, LAEC's liability for compensatory damages, insurance coverage, the JNOV, and set-off.
PRESCRIPTION OF COMPENSATORY DAMAGES
On appeal, National Union and X.L. filed a peremptory exception raising the objection of prescription in addition to challenges of the trial court's failure to grant previously filed exceptions as to prescription urged by both defendants. See La. Code Civ. P. art. 2163. They argue that plaintiffs' claim for compensatory damages has prescribed because National Union and X.L. were not made defendants to this suit until March of 1997, approximately three years after the accident, and there was no timely sued solidary obligor who interrupted prescription against them. In so contending, they rely on the Louisiana Supreme Court's affirmance of this court's determination that Entergy was not liable to the plaintiffs in Perkins I. See Perkins, 98-2081 (La. App. 1 Cir. 12/28/99), 756 So.2d 388, aff'd, 2000-1372 (La. 3/23/2001), 782 So.2d 606.
A timely filed suit against one defendant liable in solido with other parties interrupts the running of prescription as to all. Franks v. City of Alexandria, 128 So.2d 310, 314 (La. App. 3 Cir. 1961).
It is undisputed that National Union and X.L. were not named in this suit until 1997. Allegedly, our decision in Perkins I removed from the lawsuit one of the timely sued defendants that could have been solidarily liable with ALSA and LAEC, i.e., Entergy. However, National Union and X.L.'s argument must fail for two reasons.
First, prior to submission of this case to the jury, the parties stipulated Entergy's fault, agreeing to leave only the question of the percentage of fault attributable to Entergy to the jury. Therefore, the stipulated facts of this case included that Entergy was at fault in causing the accident. Defendants received a benefit based on the stipulation. Although Entergy was not a party at the time of this trial, any fault assigned to Entergy had the effect of reducing the fault attributed to the other defendants. Thus, defendants derived the benefit of reducing their financial exposure.
Although stipulations cannot affect the powers, duties, and prerogative of the court, generally a stipulation has the effect of a judicial admission that binds the Parties and the court when it is not in derogation of the law. Cotton v. Gaylord Container, 96-1958, p. 12 (La. App. 1 Cir. 3/27/97), 691 So.2d 760, 768, writ denied, 97-0800 (La. 4/8/97), 693 So.2d 147. Parties are bound by their stipulations regarding factual matters. Id.
The nature of the stipulation in this case is factual. Even though this court and the supreme court concluded that Entergy was not liable in another proceeding that finding is of no moment in this proceeding because the parties stipulated Entergy, a solidary obligor, was liable to plaintiffs thereby interrupting prescription against defendants.
The second reason defendants' assertion that compensatory damages have prescribed fails is because Big Three, another party to this suit, was timely sued in the companion case, Perkins I. The trial court found fault on Big Three's part. That finding, neither appealed nor reversed, establishes the liability of solidary obligor Big Three, effecting interruption of prescription against XL and National Union. See Franks, 128 So.2d at 314.
The exception raising the objection of prescription filed with this court is denied. We find no error in the trial court's determinations concluding plaintiffs' claims for compensatory damages are timely.
ALSA'S LIABILITY FOR COMPENSAT
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