In Blanchard v. Southern Pac. Transp. Co., 93-1155 (La.App. 1 Cir. 4/8/94) 635 So. 2d 742, a jury made the determination that the untimely- sued defendant was solely responsible for the plaintiffs' injuries. Under those circumstances, the appellate court recognized that "a trial de novo on the factual issue of fault is not available to the trial court on remand." Id. at 744, n.5.