LEVY v. LOUISIANA

No. 508.

391 U.S. 68 (1968)

LEVY, ADMINISTRATRIX v. LOUISIANA THROUGH THE CHARITY HOSPITAL OF LOUISIANA AT NEW ORLEANS BOARD OF ADMINISTRATORS ET AL.

Supreme Court of United States.

Decided May 20, 1968.


Attorney(s) appearing for the Case

Norman Dorsen argued the cause for appellant. With him on the brief were Adolph J. Levy, Lawrence J. Smith, and Melvin L. Wulf.

William A. Porteous III argued the cause for appellees. With him on the brief were Jack P. F. Gremillion, Attorney General of Louisiana, Dorothy D. Wolbrette and L. K. Clement, Jr., Assistant Attorneys General, and William A. Porteous, Jr.

Briefs of amici curiae, urging reversal, were filed by Leo Pfeffer and Joseph B. Robison for the Executive Council of the Episcopal Church in the U. S. A. et al., and by Harry D. Krause, Jack Greenberg, and Leroy D. Clark for the NAACP Legal Defense and Educational Fund, Inc., et al.

Brief of amicus curiae, urging affirmance, was filed by Mr. Gremillion, pro se, William P. Schuler, Second Assistant Attorney General, and Mrs. Wolbrette and Mr. Clement for the Attorney General of Louisiana.


MR. JUSTICE DOUGLAS delivered the opinion of the Court.

Appellant sued on behalf of five illegitimate children to recover, under a Louisiana statute1 (La. Civ. Code Ann. Art. 2315 (Supp. 1967)) for two kinds of damages as a result of the wrongful death of their mother: (1) the damages to them for the loss of their mother; and (2) those based on the survival of a cause of action which the mother...

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