Evans v. Canadianoxy Offshore Production Co.

liAMY, J.,

dissenting.

I respectfully dissent from the majority opinion. Like the majority, I conclude that the period attendant to a survival action is peremptive and that attendant to a wrongful death cause of action is prescriptive. In my opinion, the differing nature of these two actions is apparent upon review of La.Civ. Code art. 2315, as it existed at the time of Mr. Evans’ death. Article 2315 provided, in part, as follows:

The right to recover damages to property caused by an offense or quasi offense is a property right which, on the death of the obligee, is inherited by his legal,…