Babineaux v. Pernie-Bailey Drilling Co.

I concur in that portion of the majority’s decision which affirms the trial judge’s ruling that Mrs. Arlene King Babineaux was in legal bad faith in her marriage to Mr. Cecyl Paul Babineaux and therefore not entitled to maintain a right of action under C.C. Art. 2315 for the death of Mr. Babi-neaux. However, I dissent from the majority’s decision which denies the oldest child, Paul Drake Babineaux, his right of action for his father’s death.

The facts in this case are not in dispute. Mr. and Mrs. Babineaux were married on April 25, 1960. At this time Mrs. Babi-neaux was still the legal wife of…