BENSON v. ABC INS. CO.

Nos. 12-517, 12-385.

106 So.3d 143 (2012)

Nolan BENSON, Sr. v. ABC INSURANCE COMPANY, et al.

Court of Appeal of Louisiana, Third Circuit.

November 7, 2012.


Attorney(s) appearing for the Case

Nolan J. Benson, Sr. , Marksville, LA, Plaintiff/Appellant, Appearing in Proper Person.

Wesley Elmer , Marksville, LA, for Defendant/Appellee, Doug Anderson, Avoyelles Parish Sheriff.

Court composed of JOHN D. SAUNDERS, MARC T. AMY, and J. DAVID PAINTER, Judges.


PAINTER, Judge.

Plaintiff, Nolan J. Benson, Sr., in proper person, appeals the dismissal of his petition for damages on the ground of prescription. He also appeals the trial court's denial of his motion for new trial. Finding that the filing of a petition with only a fictitiously named defendant does not interrupt prescription, we affirm both.

FACTS AND PROCEDURAL HISTORY

On July 28, 2010, Plaintiff was allegedly involved in some sort of altercation...

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