STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT DUPLANTIS NO. 2021 CW 1443 CHRISTY L.

VERSUS

ENCOMPASS PROPERTY AND MARCH 22, 2022 CASUALTY COMPANY AND ELEANOR J. FONDREN

Encompass Casualty Company, applying for In Re: Property and writs, 32nd Judicial District Court, supervisory Parish of Terrebonne, No. 191338.

BEFORE: GUIDRY, HOLDRIDGE, AND CHUTZ, JJ.

WRIT DENIED. Louisiana Code of Civil Procedure article 1153 states, "[ w] hen the action or defense asserted in the amended

petition or answer arises out of the conduct, transaction, or

occurrence set forth or attempted to be set forth in the the amendment relates back to the date of original pleading, the Furthermore, the Louisiana filing original pleading." Court has provided guidance for lower courts to Supreme determine whether Article 1153 allows an amendment to relate

back to the date of filing of the original petition. See Ray v. Alexandria Mall, Through St. Paul Property & Liability Ins., 434 So. 2d 1083, 1087 ( La. 1983). Herein, the Supplemental and

Amending Petition for Damages filed by plaintiff/ respondent, L. Duplantis, satisfies the criteria espoused by the Christy Supreme Court: ( 1) that the amended claim must arise out of the same transaction or occurrence set forth in the original

2) that the purported substitute defendant must have pleading, ( received notice of the institution of the action such that he will not be prejudiced in maintaining a defense on the merits,

3) that the purported substitute defendant must know or should

have known that but for a mistake concerning the identity of the proper defendant, the action would have been brought party against him, and ( 4) that the purported substitute defendant Accordingly, as must not be a wholly new or unrelated defendant.

Duplantis' s Supplemental and Amending Petition for Damages relates back to her Original Petition for Damages, the district in defendants/ relators, Encompass court did not err denying Property and Casualty Company' s, exception raising the objection of prescription.

JMG GH WRC

COURT OF APPEAL, FIRST CIRCUIT

DE UTY CLAROF COURT FOR THE COURT