Scott v. R.J. Reynolds Tobacco Co.

Full title: VIRGINIA SCOTT, ET AL. VERSUS R.J. REYNOLDS TOBACCO COMPANY, ET AL

Court: United States District Court, E.D. Louisiana

Date published: Oct 12, 2001

CIVIL ACTION NO. 99-3091 SECTION "N" (E.D. La. Oct. 12, 2001)

Opinion

CIVIL ACTION NO. 99-3091 SECTION "N"

October 12, 2001

ORDER AND REASONS

Edith Brown Clement, Chief Judge United States District

Before the Court is the defendants, Quaglino Candy and Tobacco Co., Inc. and George W. Groetsch, Inc., Motion to Dismiss. For the reasons set forth in the Court's July 12, 2001 Order and Reasons, the tort and redhibition claims have prescribed.

The plaintiffs request that the Motion to Dismiss be denied so that they may conduct additional discovery to show that Quaglino and Groetsch had knowledge of the defect such that a fraud claim under redhibition may be pursued. The Court's July 12, 2001 Order and Reasons calculated the prescriptive periods giving the plaintiffs the benefit of the doubt and assuming that the defendants did have knowledge of the defect. Therefore, even if additional discovery were permitted, the plaintiffs' claims would still be prescribed.

In addition, any negligence claims that the plaintiffs had against the defendants for selling the product to Virginia Scott as a child have also prescribed for the reasons set forth in the July 12, 2001 Order and Reasons.

Accordingly, IT IS ORDERED that the defendants' Motion to Dismiss is GRANTED.