Sam v. Standard Fittings Co.

My research is this case reveals a series of cases, including some of our own, which lead to the inevitable conclusion that quite possibly we have made inconsistent remarks in Cooley v. Liberty Mutual Insurance Co., 346 So.2d 1352 (La.App. 3 Cir. 1977), writ denied, 350 So.2d 903 (La.1977); Dove v. Liberty Mutual Insurance Company, 379 So.2d 1193 (La.App. 3 Cir. 1980), and in Cucote v. Harris, 355 So.2d 91 (La.App. 3 *796Cir. 1976). In Cooley, in which I was a member of the panel, we stated:

“In determining whether a suit should be dismissed on an exception of prematurity under LSA-R.S. 23:1314,…