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Editor's note: opinion released April 25, 2000

SUPREME COURT OF LOUISIANA 99-C-2610 JULES ETIENNE, SR. V. NATIONAL AUTOMOBILE INS. CO. AND CARRIE SEBASTIEN
ON WRIT OF CERTIORARI TO THE COURT OF APPEAL, THIRD CIRCUIT, PARISH OF LAFAYETTE

TRAYLOR, J.* This case involves an automobile accident in which the tortfeasor, Carrie Sebastien, struck the plaintiff, Jules Etienne, Sr., while driving her personal automobile in the course and scope of her employment. Plaintiff settled his claims against the tortfeasor and her personal automobile insurance carrier and dismissed those claims against them with prejudice, leaving only the employer's insurer as a party to the suit. More than one year after the dismissal, plaintiff filed an amended petition to add the employer as a defendant. The employer and its insurer filed peremptory exceptions of prescription and no cause and no right of action, arguing that the claim against the employer had prescribed, and the claim against the commercial insurer should be dismissed for failing to comply with the provisions of the Direct Action Statute. We granted a writ of certiorari to decide whether the court of appeal reached the correct result in dismissing plaintiff's claims against the defendants. 99-2610 (La. 12/17/99), ___ So. 2d ___. After reviewing the record and briefs and hearing oral arguments on these issues, we affirm the judgment of the court of appeal.

FACTS AND PROCEDURAL HISTORY Carrie Sebastien rear-ended the plaintiff, Jules Etienne, Sr., in an automobile accident on February 11, 1994 in Opelousas. Ms. Sebastien was driving her own car at the time of the accident, but she was in the course and scope of her employment with the law firm of Morrow, Morrow, Ryan and Bassett ("the Morrow firm"). On December 2, 1994, plaintiff filed a claim for personal injury

*

Lemmon, J. not on panel. Rule IV, Part 2,

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