Haas v. Baton Rouge General Hospital

SARTAIN, Judge.

This litigation concerns the survival of the right to a delictual action under C.C. Art. 2315. Plaintiff appeals from a judgment sustaining defendant’s peremptory exception of no right of action. We affirm.

Mrs. Birdie Artigue Pedigo was injured on November 14, 1975, through the alleged negligence of the defendant. She died on April 1,1976, of unrelated causes. She was survived by neither ascendants nor descendants. Her husband, John Lloyd Pedigo, died on August 19, 1976.

This suit was filed on November 9, 1976, by Leon S. Haas, Jr., as the duly qualified administrator of the…