MARCH 2012 LEGAL UPDATE

Peremption/Prescription - In Stewart v Continental Casualty Co., the Louisiana First Circuit held that Louisiana's "relation back" doctrine for amended pleadings does not cure a claim already perempted under La. R.S. 9:5605. La. R.S. 9:5605 provides a three year peremptive period for legal malpractice actions. In Stewart, the plaintiff timely sued the insurer. However, an amended pleading joining the insured attorney did not "relate back" under La. CCP Article 1153 because the claim against the attorney had perempted and peremption "destroys" the cause of action.Wrongful Death - The Louisiana Third Circuit in Hutto v McNeil-PPC, Inc. upheld an award of $1,000,000 in a survival action involving a six-month old infant. The court also upheld an award of $2,000,000 to each of the infant's teenage parents.Premises Liability - In Chambers v Village of Moreauville, the Supreme Court held that the failure to repair a one-and-one-quarter to one-and-one-half inch deviation in a city sidewalk did not amount to a breach of duty by the municipality to keep the sidewalk in a reasonably safe condition. The court found that the trial court erred when it failed to consider the cost of repairing sidewalks in the village as part of the "risk-utility balancing test."