Supreme Court of Louisiana, 1998

Miller v. Rivers

Miller v. Rivers
Supreme Court of Louisiana · Decided June 5, 1998 · Deny, Kimball, Lemmon, Writ
720 So. 2d 673; 1998 La. LEXIS 1931; 1998 WL 484654 (Southern Reporter, Second Series)

Miller v. Rivers

Opinion of the Court

In re Orleans Parish School Board;—Defendant(s); applying for supervisory and/or remedial writs; Parish of Orleans, Civil District Court, Div. “L”, No. 93-3861; to the Court of Appeal, Fourth Circuit, No. 97CA-2322.

Granted in part. The judgment of the court of appeal is amended to provide that the school board may re-raise the exception of prescription after trial on the merits if, under the facts proven by plaintiff at trial, there is no solidary liability. See McDaniels v. Allison, 97-2572 (La.4/9/98), 708 So.2d 418 (on rehearing). In all other respects, the application is denied.

KIMBALL, J., would deny the writ. LEMMON, J., not on panel.

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