Personal Injury Defense - Kelly Theard
In less than three months of being served with a personal injury lawsuit, Ms. Theard was able to successfully file and have granted a Peremptory Exception of No Cause of Action, and Alternatively Motion for Summary Judgment on behalf of a contractor client based on peremption under La. R.S. 9:2772 in Orleans Parish Civil District Court. The Plaintiff claimed that she slipped and fell in 2007. She filed suit against the owner of the building timely in 2008 for her injuries and damages, which included pain and suffering, permanent disability, loss wages and loss earning capacity claim. During the course of discovery, it became known that there were repairs performed by our contractor client prior to the plaintiff's fall. The repairs were completed in September of 2006, and a certificate of substantial completion was filed in November of 2006. In March of 2012, the plaintiff filed an amended lawsuit naming the contractor client to the lawsuit. In April of 2012, Ms. Theard filed an Exception of No Cause of Action, and Alternatively Motion for Summary Judgment arguing that the claims against the contractor were perempted under La. R.S. 9:2772 because the lawsuit against the contractor was filed more than five years after the substantial completion of the project. The Court granted the exception dismissing all claims against the contractor with prejudice.