Louisiana Court of Appeal, 1993

Chance v. American Honda Motor Co.

Chance v. American Honda Motor Co.
Louisiana Court of Appeal · Decided September 14, 1993 · Domenglaux, Knoll, Woodard
624 So. 2d 23; 1993 La. App. LEXIS 2818; 1993 WL 356854 (Southern Reporter, Second Series)

Chance v. American Honda Motor Co.

Opinion of the Court

WRIT GRANTED AND MADE PEREMPTORY:

The trial court erred in denying relators’ exception of prescription. We find no clear expression of legislative intent that La.C.C. art. 3492, as amended in 1992, is to be applied retroactively. Absent such an intention, Louisiana courts have consistently held that prescriptive statutes will not be applied retroactively to revive an already prescribed cause of action. Hall v. Hall, 516 So.2d 119 (La. 1987); Lyman v. Town of Sunset, 567 So.2d 1171 (La.App. 3d Cir. 1990). Thus, the trial court erred when it ruled that the 1992 amendment to Article 3492 could retroactively revive the plaintiffs’ cause of action, which under prior law had prescribed as of October 26, 1988.

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