Legal Opinion

Jones v. Fontenot

Louisiana Court of Appeal

Decided December 28, 2012No. 2012 CA 0441Published

1Opinion of the CourtMcCLENDON, J.

| gPlaintiff appeals a trial court judgment dismissing her survival action on the basis of prescription. For the reasons that follow, we reverse the trial court’s judgment.

FACTS AND PROCEDURAL HISTORY

Bruce Gabriel was injured on August 10, 2009, when he was struck by a car being driven by defendant Dana Fontenot. Gabriel,' who died on November 21, 2009, never instituted any action arising from the August 10, 2009 accident.

On November 19, 2010, Gabriel’s mother and daughter, Auther Gabriel and Lakeita Jones, respectively, filed suit against Fon-tenot and Fontenot’s liability insurer, Safe-co…

Also in this document: Concurrence.

2Cases cited10 opinions

  1. Cochran v. Pelican Well Tool & Supply Co.Louisiana Court of Appeal · 1926
  2. RJ Messinger, Inc. v. RosenblumSupreme Court of Louisiana · 2005
  3. Taylor v. GiddensSupreme Court of Louisiana · 1993
  4. Guidry v. TheriotSupreme Court of Louisiana · 1979
  5. Louviere v. Shell Oil Co.Supreme Court of Louisiana · 1983

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