ALLSTATE INS. CO. v. FRED'S, INC.

No. 44,508-CA.

33 So.3d 976 (2010)

ALLSTATE INSURANCE COMPANY, Plaintiff, v. FRED'S, INC., Defendant.

Court of Appeal of Louisiana, Second Circuit.

March 17, 2010.


Attorney(s) appearing for the Case

Forrester & Dick by David C. Forrester, Mark G. Murphey, Baton Rouge, for Appellant, Allstate Insurance Company.

Mayer, Smith & Roberts, L.L.P. by Steven E. Soileau, Shreveport, for Appellees, L & L Import Enterprises, Inc. and Colony Insurance Company.

Before WILLIAMS, CARAWAY, PEATROSS, DREW and LOLLEY, JJ.


CARAWAY, J.

This case involves an allegedly defective lamp sold by Fred's Stores of Tennessee, Inc. ("Fred's"), which purportedly caused a fire in a house insured by the plaintiff, Allstate Insurance Company ("Allstate"). In this court's prior opinion concerning the trial court's dismissal of the case on the exception of prescription, we ruled that the doctrine of contra non valentem applied because Allstate was prevented from determining the product's manufacturer...

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