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STAMPS v. CANAL INDEM. INS.

No. 2009 CW 1961.

35 So.3d 1127 (2010)

Clara STAMPS and Demon Stamps, Individually and On Behalf of Their Minor Children, Demon Stamps, Jr. and Damonte Stamps v. CANAL INDEMNITY INSURANCE, Auto Source of the South, L.L.C. and William G. D'Aubin.

Court of Appeal of Louisiana, First Circuit.

March 1, 2010.

Attorney(s) appearing for the Case

Rene S. Paysse, Jr., Genevieve K. Jacques, New Orleans, LA, for Relators Canal Indemnity Company and Auto Source of the South, L.L.C.

Craig D. Gremillion, Baton Rouge, LA, for Respondent State Farm Mutual Automobile Insurance Company.

Before PARRO, KUHN, and McDONALD, JJ.

PER CURIAM.

At issue in this writ application is whether the trial court erred in denying a peremptory exception raising the objection of prescription as to a cross-claim that was not filed until almost ten months after the cross-claimant was added as a party defendant and served with the suit.

FACTS

This litigation arises out of an automobile accident that occurred on November 10, 2003, when a vehicle driven by William D'Aubin and owned by his employer...

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