Legal Opinion
LaBorde v. Eagle Trucking Co.
Louisiana Court of Appeal
Decided January 25, 1982No. 14746PublishedCited by 5 opinions
1Opinion of the Court
MARVIN, Judge.
Does CC Art. 2317 afford to a decedent’s surviving parents a cause of action for wrongful death when they do not have a cause of action under CC 2315 because the decedent’s spouse and child also survive?1
The trial court answered this precise issue negatively and the parents appeal the judgment dismissing the action on defendants’ peremptory exception of no cause of action.
The wrongful death action has been much discussed by the bench and bar in Louisiana.2 The Supreme Court has said that the legal right and cause of action of one injured by loss of economic aid [and] love and…
2Cases cited14 opinions
- Arceneaux v. DomingueSupreme Court of Louisiana · 1978
- Loescher v. ParrSupreme Court of Louisiana · 1975
- Langlois v. Allied Chemical CorporationSupreme Court of Louisiana · 1971
- Holland v. BuckleySupreme Court of Louisiana · 1974
- Seals v. MorrisSupreme Court of Louisiana · 1982
9 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Bialy v. STATE, THROUGH DEPT. OF TRANSP. AND DEV.Louisiana Court of Appeal · 1982
- Rachal v. PetersLouisiana Court of Appeal · 1996
- Tajonera v. Black Elk Energy Offshore Operations, L.L.C.District Court, E.D. Louisiana · 2014
- Succession of Langlois v. NobleLouisiana Court of Appeal · 1985
- Laborde v. Eagle Trucking Co.Supreme Court of Louisiana · 1982