Scott v. Jack's Cookie Co.

EDWARDS, Judge.

This case raises the question of the correctness, vel non, of the district court’s actions in maintaining the defendants’ dilatory exception of lack of procedural capacity and dismissing plaintiff’s suit.

Elizabeth and Clyde Scott filed suit on behalf of their minor son, Clyde, Jr., against Jack’s Cookie Company and its insurer, Liberty Mutual Insurance Company. The Scotts’ suit alleged that they purchased a cookie manufactured by Jack’s which contained “a piece of stick.” Clyde, Jr. allegedly ate a portion of this cookie and as a result suffered personal injury. On the day that…