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Hebert v. Rapides Parish Police Jury6/5/2002
AFFIRMED.
FACTS
On October 15, 1995, at approximately 9:00 P.M., 17 year-old Katie Hebert was driving East on Philadelphia Road in Rapides Parish, Louisiana, when she lost control of her vehicle and collided with the railing of a bridge. The bridge was constructed with a straight piece of drill pipe, which pierced the left front door of the automobile and struck Katie. After being extricated from the vehicle, Katie was taken to St. Frances Cabrini hospital where she died the following morning at 2:42 A.M.
In July of 1996, the parents of the deceased, John and Klea Hebert filed a Petition for Damages naming the Rapides Parish Police Jury (Police Jury), who allegedly was responsible for the design, construction and maintenance of the roadway and bridge, as defendant.
Subsequently, on August 2, 2000, the Heberts amended their petition to name several new defendants, including J.W. Slocum, Jr., who the Police Jury had previously hired as a contractor to replace the bridge in question, and the liability insurers of Mr. Slocum, Maryland Casualty Company (Maryland Casualty) and Interstate Fire & Casualty Company (Interstate Fire).
In July of 2001, Slocum and his two liability insurers, Maryland Casualty and Interstate Fire filed Motions for Summary Judgment asserting that the claims against them are barred pursuant to the ten year peremptive period set forth in La.R.S. 9:2772. The Motions for Summary Judgment were heard on October 1, 2001. The trial court ruled in favor of the defendants and dismissed plaintiffs' demands against Slocum, Maryland Casualty and Interstate Fire with prejudice. A final judgment was signed on October 15, 2001. Plaintiffs appeal from that judgment.
DISCUSSION
This matter is before the court on the appellees' Motion for Summary Judgment. Pursuant to La.Code Civ.P. art. 966, summary judgment is favored. If the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, reveal an absence of any genuine issues of material fact, judgment shall be rendered in favor of the mover if it is entitled to judgment as a matter of law.
La.Code Civ.P. art. 966(B). The burden of proving that summary judgment is appropriate remains with the mover. "In doing so, the moving party's supporting documentation must be sufficient to establish that no genuine issue of material fact remains at issue." Daigrepont v. AAA Transp. Co., 98-1329, p. 926 (La.App. 3 Cir. 3/3/99); 736 So.2d 923.
Appellate courts review summary judgments de novo under the same criteria that govern the district court's consideration of whether summary judgment is appropriate. Parker v. Harper, 01-548 (La.App. 3 Cir. 10/31/01); 803 So.2d 76.
The issue presented on appeal is the applicability of La.R.S. 9:2772 and whether it acts as a bar to a claim against Slocum and his insurers.
La.R.S. 9:2772 provides, in pertinent part:
A. No action, whether ex contractu, ex delicto, or otherwise, including but not limited to, an action for failure to warn, to recover on a contract or to recover damages shall be brought against any person performing or furnishing land surveying services, as such is defined in the first paragraph of R.S. 37:682(9), including but not limited to those services preparatory to construction, or against any person performing or furnishing the design, planning, supervision, inspection, or observation of construction or the construction of an improvement to immovable property:
(1) More than ten years after the date of registry in the mortgage office of acceptance of the work by owner;
B. The ca
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