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LEVY v. STATE, CHAR. HOSP. OF LA. AT N. ORLEANS BD. OF AD.

No. 48518.

216 So.2d 818 (1968)

253 La. 73

Thelma LEVY, in her capacity as Administratrix of the Succession of Louise Levy, and as the Tutrix of and on behalf of the minor children of Louise Levy, said children being: Ronald Bell, Regina Levy, Cecelia Levy, Linda Levy and Austin Levy v. The STATE of Louisiana Through the CHARITY HOSPITAL OF LOUISIANA AT NEW ORLEANS BOARD OF ADMINISTRATORS and W. J. Wing, M.D., and A. B. C. Insurance Companies.

Supreme Court of Louisiana.

December 16, 1968.

Attorney(s) appearing for the Case

Levy, Smith & Pailet, New Orleans, for appellants.

Porteous, Toledano, Hainkel & Johnson, William A. Porteous, Jr., William A. Porteous, III, Michael E. Wanek, Charles D. Lancaster, Jr., Ingard O. Johannesen, New Orleans, Jack P. F. Gremillion, Atty. Gen., William P. Schuler, Dorothy D. Wolbrette, L. K. Clement, Jr., Asst. Attys. Gen., for appellees.

BARHAM, Justice.

The plaintiff, as administratrix of the succession of Louise Levy and as tutrix of the decedent's five illegitimate minor children, filed suit against the defendants under Louisiana Civil Code Article 2315 to recover damages sustained by them for the wrongful death of their mother and for her damages resulting from pain and suffering prior to her death. The Civil District Court for the Parish of Orleans dismissed the suit by sustaining peremptory...

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