Willis v. Winford Co.

PRICE, Judge.

Appellant has not shown the trial court was in error in rendering the summary judgment dismissing her action for the wrongful death of her major son because of her testimony in a deposition admitting her son was survived by three illegitimate children. Under the holding in Warren v. Richard, 296 So.2d 813 (La.1974) the fact that her deceased son left children, whether legitimate or illegitimate, precludes plaintiff from recovering for his wrongful death under La.C.C. Art. 2315.

Plaintiff’s counsel contends on appeal that the deposition of the ninety-two-year-old plaintiff standing…