Turner v. Busby

ON REHEARING

Before STEWART, GASKINS, CARAWAY, PEATROSS and DREW, JJ. |, GASKINS, J.

Onterio McWright, along with other plaintiffs, filed suit for the wrongful death and a survival action arising from the death of Andrew Stroughter. The defendants contested McWright’s status as a proper plaintiff by filing an exception for no right of action, which the trial judge ultimately granted. At issue in this appeal is whether the court erred in ordering a DNA test to determine paternity, which was the basis of the granting of the exception.

FACTS

McWright’s mother, Gladystene Harris, filed several…