Opinion

State v. Murphy Cormier General Contractors, Inc.

  • 15 La.App. 3 Cir. 111
  • 170 So. 3d 370
  • 2015 La. App. LEXIS 1156
  • 2015 WL 3536695
Court
Louisiana Court of Appeal
Filed
Jun 3, 2015
Status
Published
Author
Amy
On the bench
Amy, Cooks, Genovese
Cited by
10 cases
Authority
More cited than 17.3%

The opinion

AMY, J.,

concurring in the result.

I agree with the majority that an affirmation is warranted. However, I write *382 separately as I find that this ease is resolved by a bare application of the prior panel’s now-final ruling in Murphy Cormier General Contractor, Inc. v. State, Dep’t of Health and Hospitals, 12-1000 (La.App. 3 Cir. 5/22/13) , 114 So.3d 567 , writ denied, 13-1491 (La.11/1/13), 125 So.3d 430 . Simply, the panel in that prior appeal found the ten-year, contractual prescriptive period applicable. Id. In my opinion, that characterization of the claim as one based in contract places this matter within the waiver of sovereign immunity described by La. Const, art. 12, § 10(A) (providing that “Neither the state, a state agency, nor a political subdivision shall be immune from suit and liability in contract or for injury to person or property.”) (emphasis added). As contractual claims are included within the explicit waiver of sovereign immunity contained in Article 12, I find no merit in the State’s contention that the supreme court’s decision in Canal/Claiborne, Ltd. v. Stonehedge Dev., LLC, 14-664 (La.12/9/14), 156 So.3d 627 , indicates that the trial court was without subject matter jurisdiction in this case.

Accordingly, for the above, limited reason, I join in the result reached by the majority.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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