FELICIA BRAUD AND JOHN BRAUD AND ON BEHALF OF THEIR MINOR CHILD JOLIE BRAUD v. MARCUS AND AIMEE MOUNGER AND ABC INSURANCE COMPANY (2023)

I would grant this application in order to examine whether the plaintiffs’ timely filed suit in an improper venue interrupted prescription against defendants, who were not served for more than one year after the accident. In my view, contra non valentum may apply to the claims asserted in this case. See Carter v. Haygood, 2004-0646, p.11 (La. 1/19/05), 892 So.2d 1261, 1268 (contra non valentum applies where “there was some legal cause which prevented the courts or their officers from taking cognizance of or acting on the plaintiff's action”).

Crichton, J., would grant and assigns reasons.