For personal injury to plaintiff wife allegedly caused in part by the negligence of an “usherette” in the Louisiana Superdome by her “failure to warn petitioner of the peril which she was not likely to see,” plaintiffs sued, among others, Superdome Services Inc. and its insurer (SSI), which third-partied ADF Services and its insurer. SSI alleged that ADF contracted to furnish to SSI various services and personnel, including ushers for the Superdome.
SSI now appeals from a summary judgment dismissing its third-party demand. The judgment was granted on ADF’s motion relying on La.C.C.P. 10671 and on the fact that the third-party demand was filed seven months after service of the main demand.
We reverse. C.C.P. 1067 is not a prescription statute, fixing a 90-day limitation upon bringing incidental demands. To the contrary, it is an exemption statute, which during its 90-day period exempts any incidental demand from any applicable prescription statute whose prescriptive period would accrue during that 90-day period. Thomas v. W & W Clarklift, Inc., La.1979, 365 So.2d 913;2 Blue Streak Ent. v. Gulf Coast Marine, La.App. 4th Cir. 1979, 370 So.2d 633.
Reversed.