# Reggio v. E.T.I.

> Supreme Court of Louisiana · December 12, 2008 · 15 So. 3d 951

URL: https://www.frixlaw.com/law-library/cases/9660515

## Case

- **Full name:** Frances Orlando Wife of/and Nicholas REGGIO v. E.T.I., ABC Inc. and City of New Orleans Through New Orleans Aviation Board
- **Court:** Supreme Court of Louisiana
- **Decided:** December 12, 2008
- **Citations:** 15 So. 3d 951; 2008 La. LEXIS 2776; 2008 WL 5194398
- **Precedential status:** Published
- **Opinion:** Concurrence by Weimer
- **Judges:** Johnson, Kimball, Knoll, Victory, Traylor, Weimer
- **Cited by:** 34 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9660515

## How later opinions describe it (automated extraction)

- noting “[t]he action for indemnity is a separate substantive cause of action, independent of the underlying tort”

## Opinion text

WEIMER, J.,
concurring.
hi concur in the result only. Because prescription does not commence on a claim for indemnity until a party has sustained a loss, either through payment, settlement, or an enforceable judgment, I would hold the indemnity claim is not time barred. See Wiggins v. State, Department of Transportation and Development, 97-0432, p. 7 (La.App. 1 Cir. 5/15/98, 712 So.2d 1006, 1011 ), writ not considered, 98- *960 1652 (La.9/25/98), 726 So.2d 6 (claim for indemnity not governed by or time-barred by the provisions of LSA-C.C.P. art. 1067).
Further, there is a distinction between the right to “claim” indemnity and the right to “collect” indemnity. Generally, a person cannot exercise his right of action until the corresponding cause of action accrues. However, a solidary obligor may exercise his right of action for indemnity before the cause of action accrues. LSA-C.C. art. 1805. Subrogation is the source of indemnification, and “[sjubrogation takes place by operation of law ... [i]n favor of an obligor who pays a debt he owes with others or for others and who has recourse against those others as a result of the payment.” LSA-C.C. art. 1829(3); Wiggins, supra.
Thus, NOAB’s action against ETI is neither premature nor prescribed.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9660515. Public record. Not legal advice.