ESTATE OF PATOUT v. CITY OF NEW IBERIA

No. 01-0151-CA.

813 So.2d 1248 (2002)

The ESTATE OF Gaston PATOUT and Roy Patout v. The CITY OF NEW IBERIA, et al.

Court of Appeal of Louisiana, Third Circuit.

April 3, 2002.


Attorney(s) appearing for the Case

Porteus Richard Burke, Burke & Cestia, New Iberia, Counsel for Plaintiffs/Appellants Squirrel Run Investment Group The Estate of Gaston Patout Roy Patout.

C. Berwick Duval, II, Attorney at Law, Houma, Counsel for Defendant/Appellee United Community Insurance Company.

Charles J. Foret, Briney & Foret, Lafayette, Counsel for Defendant/Appellee City of New Iberia.

Ralph Shelton Hubbard, III, Attorney at Law, New Orleans, Counsel for Defendants/Appellees Travelers Indemnity Company, Rhode Island Travelers Insurance Company.

H. Lee Leonard, Leonard & Leonard, Lafayette, Counsel for Defendants/Appellees Twin City Fire Insurance Co. (Hartford).

James R. Sutterfield, Attorney at Law, New Orleans, Counsel for Defendant/Appellee Insurers Indemnity & Insurance.

Gary Mark Zwain, Duplass, Zwain & Buirgeios, Metairie, Counsel for Defendant/Appellee Continental Insurance Company.

Martin Edward Golden, Kantrow, Spaht, Weaver, et al., Baton Rouge, S. Dwight Stephens, Melito & Adoflsen, PC, New York, NY, Counsel for Defendant/Appellee Twin City Fire Insurance Company.

Samuel Milton Rosamond, III, Attorney at Law, Metairie, Counsel for Defendant/Appellee Commercial Union Insurance Co.

James Michael Garner, Sher, Garner, Cahill, etc., New Orleans, Keith Alex Kornman, Attorney at Law, New Orleans, Martha Curtis, Attorney at Law, New Orleans, Counsel for Defendants/Appellees Century Indemnity Company & PEIC.

Court composed of SYLVIA R. COOKS, BILLIE COLOMBARO WOODARD, and JIMMIE C. PETERS, Judges.


PETERS, Judge.

This matter is before us on remand from the supreme court. We address the prescription issue for the third time, and, again, we reverse the trial court's judgment granting the defendants' exceptions.

The litigation involves an attempt by Iberia Parish landowners to recover damages from the City of New Iberia (City) for trespass on their immovable property over an extended period of time. This suit was filed on January 28, 1992, and involves...

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