SIMMS v. BRAREN

No. 4909.

252 So.2d 459 (1971)

Forrest T. SIMMS v. Victor BRAREN et al.

Court of Appeal of Louisiana, Fourth Circuit.

September 9, 1971.


Attorney(s) appearing for the Case

Wood Brown, III, New Orleans, for relator.

J. Terrell Heath, New Orleans, for respondents.

Before REDMANN, LEMMON and GULOTTA, JJ.


REDMANN, Judge.

Defendant applies for the exercise of our supervisory jurisdiction to review the judgment of the trial court, which refused defendant's motion to dismiss a personal injury action initiated in behalf of a person who was in fact dead eight days at the time suit was filed. More than one year after the accident but within one year of the tort victim's death, the surviving wife and child sought, under the provisions of C.C. art. 2315, to substitute themselves...

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