Babineaux v. Kemper Insurance

J^DOUCET, Chief Judge.

Allen Babineaux, acting as curator for Randall D. Marks, an interdict, and on behalf of Marks’ two minor children, appeals the judgment of the trial court sustaining exceptions of no cause of action and res judicata in favor of the Defendant, Lumbermen’s Mutual Casualty Company (Lumbermen’s).

The original petition alleges that Marks sustained brain injuries in the course and scope of his employment for 84 Lumber Company and that, as a result, he is subject to syncopal episodes. It is alleged that he experiences up to twenty episodes each day which cause him to black out…