HEBERT v. COURNOYER OLDSMOBILE-CADILLAC GMC, INC.

Nos. 81-C-3097, 81-C-3136.

419 So.2d 878 (1982)

Raymond J. HEBERT v. COURNOYER OLDSMOBILE-CADILLAC GMC, INC., et al. Raymond J. HEBERT v. COURNOYER-OLDSMOBILE-CADILLAC GMC, INC., et al.

Supreme Court of Louisiana.

Rehearing Denied October 15, 1982.


Attorney(s) appearing for the Case

Jack M. Alltmont, Sessions, Fishman, Rosenson, Boisfontaine & Nathan, New Orleans, for applicant in No. 81-C-3097 and respondents in No. 81-C-3136.

Gordon Hackman, Boutte, New Orleans, for respondents.

Stephen N. Elliott, Bernard, Cassisa, Babst & Saportio, Metairie, for respondent, in No. 81-C-3097 and applicant in No. 81-C-3136.

Glenn B. Adams, Lloyd T. Bourgeois, Porteous, Toledano, Hainkel & Johnson, New Orleans, for intervenor.


LEMMON, Justice.

Is a cause of action in redhibition and tort, against the manufacturer and the seller of an automobile, prescribed when the plaintiff dismisses a timely suit without prejudice on the day of trial, on joint motion of all parties, and then refiles the same suit two weeks later, at a time far beyond the anniversary date of the occurrence which gave rise to the cause of action?

On September 9, 1976, plaintiff's 1976 Oldsmobile caught fire and...

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