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Jacobs v. Louisiana Farm Bureau Insurance Companies12/19/2001
g prescription as long as it is pending in a court of competent jurisdiction in the proper venue. Otherwise, as the majority found, La.Civ.Code art. 3463, as well as the last clause, La.R.S. 13:5107(D)(3), would be rendered meaningless, as neither could ever be applied.
I believe this conclusion is supported by the comments to La.Civ.Code art. 3463, particularly comment B, which states, "According to Louisiana decisions, after being interrupted by the filing of suit in a competent court, prescription is suspended while the suit is pending." The comment further states, "However, it is preferable to speak of a continuous interruption rather than a suspension." Finally, the comment reads, "However, if an interruption results and the action is dismissed without prejudice, the period during which the action was pending does not count toward the accrual of prescription. The plaintiff then has the full prescriptive period within which to bring a new action."
Accordingly, I would find that Bellard is not applicable in this instance and the defendant's reliance on it misplaced; however, in my opinion, the result reached by the majority in this case and its reliance and interpretation of La.Civ.Code art. 3463 is correct.
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