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REGGIO v. E.T.I.

No. 2007-C-1433.

15 So.3d 951 (2008)

Frances Orlando wife of/and Nicholas REGGIO v. E.T.I., ABC Inc. and City of New Orleans through New Orleans Aviation Board.

Supreme Court of Louisiana.

December 12, 2008.

Attorney(s) appearing for the Case

Daigle, Fisse & Kessenich, Michael David Fisse, Jonathan Harold Sandoz, Patrick Edward Moore, Covington, for applicant.

Goins Aaron Law Corporation, William David Aaron, Jr., Leola M. Anderson, DeWayne L. Williams, Mark Christopher Carver, New Orleans, Bruce Henry Lizana, Metairie, for respondent.

JOHNSON, Justice.

We granted this writ application to address whether a third party claim for indemnity, which was filed three years after the main demand was served, is prescribed. The lower courts held that because the City of New Orleans (New Orleans Aviation Board) filed its third party demand three years after the principal demand was filed, its demand was prescribed under both LSA-C.C.P. art. 1067 and LSA-C.C. art. 3492. However, it is well settled that prescription...

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