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Only One 1.2861 is a funny game, I have played it myself.2d 973, 978 (La.App. 5th Cir.1987), writ denied, 503 So.2d 1099 (La.1987). « The exception is applicable where it is apparent from the face of the pleadings that the plaintiff’s claim has prescribed. » Reiche v. La. Sch. for the Blind, supra at 979.
In his petition for damages, plaintiffs described the accident that caused the damage to his house as follows:
On or about April 14, 1989, while the plaintiff, Eugene R. Frederick [sic], was a pedestrian being struck by a vehicle, the vehicle was operated by the defendant, New Orleans East Transit, Inc. acting through its agents, employees and/or servants, and the street upon which the accident occurred was defective and dangerous, with insufficient and defective traffic signals, and not properly maintained, which caused the accident.
However, he also alleged in his petition that the accident happened on April 6, 1990. As a result, he claims he did not discover and should have discovered the cause of the accident until April 15, 1990.
In its memorandum, the City argues that plaintiff’s lawsuit was filed on April 16, 1991, more than three years after the accident, and that since plaintiff did not file suit until more than three years after the accident, his claim has prescribed.
Pamela Williams argues that this action was timely because the action for damages caused by the defective or dangerous condition of a thing is brought within a year after the discovery thereof and the failure to file suit within that period is not subject to interruption. Williams argues that the