Turnage v. Century Telephone Enterprises, Inc.

MARVIN, Chief Judge.

In this action arising out of a head-on collision between two vehicles in 1985 which fatally injured her husband, Ms. Tur-nage appeals a judgment dismissing, on an exception of prescription, her alternative demand for worker’s compensation death benefits sought in a 1990 supplemental petition “in the event” the trial court finds that her husband was in the course and scope of his employment with the defendant when the accident occurred.

Ms. Turnage’s original petition, which was timely filed against the defendant-employer, was founded in tort on allegations that the…