Legal Opinion
Kozlowski v. State ex rel. Department of Health & Human Resources
Louisiana Court of Appeal
Decided May 16, 1988No. 87-CA-552Published
1DissentGrisbaum, Judge
I dissent.
ISSUES
Two principal issues are presented:(1) Whether the father of a minor, who is physically “separated” from the mother, has the procedural capacity to sue on behalf of that minor, and(2) Whether the status of legal custody of a minor in need of care (La.R.S. 13:1569) encompasses the right and procedural capacity to sue on behalf of that minor.
ANALYSIS
Prior to addressing the critical principal issues, an examination of prescriptive provisions is appropriate. Actions sounding in tort are subject to the one-year prescription provided in La. C.C. art. 3492, which reads, “Delictual…
Also in this document: Concurrence.
2Cases cited11 opinions
- Lott v. HaleySupreme Court of Louisiana · 1979
- Fullilove v. US Casualty Company of New YorkLouisiana Court of Appeal · 1961
- Turner v. District of ColumbiaDistrict of Columbia Court of Appeals · 1987
- Dripps v. DrippsSupreme Court of Louisiana · 1979
- Brown v. New Amsterdam Casualty CompanySupreme Court of Louisiana · 1962
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