Preview:

SUPREME COURT OF LOUISIANA
No. 96-C-1112 CITY OF NEW ORLEANS Versus T.L. JAMES & COMPANY ET AL ON WRIT OF CERTIORARI TO THE COURT OF APPEAL, FOURTH CIRCUIT, PARISH OF ORLEANS

LEMMON, Justice* This is an action by the City of New Orleans to recover damages to the City's building allegedly caused by defendant T.L. James & Company's pile driving under a public works contract. The City had purchased the building for use as a public library and was in the process of renovating the building for that purpose at the time of the damage. The issue is whether the City's claim is governed by the one-year prescriptive period generally applicable to delictual claims or by the two-year period of La. Rev. Stat. 9:5624, which applies when "private property" is damaged in a public works project.

_________________________
*Judge Graydon K. Kitchens, Jr., 26th Judicial District Court, and Judge Ian W. Claiborne, 18th Judicial District Court, have been assigned as Justices Ad Hoc in place of Justices Jack Crozier Watson and E. Joseph Bleich. Kimball, J., not on panel. Rule IV, Part II,

Download 96-C-1112.pdf

Louisiana Law