SCHIFFMAN v. SERVICE TRUCK LINES, INC.

No. 6556.

308 So.2d 824 (1974)

Mrs. Libby Krasnoff SCHIFFMAN, Individually and as Natural Tutrix of Her Minor Children, Pamela, Naomi, Howard, and Joel Schiffman, v. SERVICE TRUCK LINES, INC., et al.

Court of Appeal of Louisiana, Fourth Circuit.

Concurring in Denial of Rehearing March 12, 1975.


Attorney(s) appearing for the Case

Michael S. Guillory, Krasnoff and Guillory, Metairie, for plaintiff-appellant.

J. Walter Ward, Christovich & Kearney, New Orleans, for defendant-appellee.

Before REDMANN, LEMMON and STOULIG, JJ.


REDMANN, Judge.

May a wife, as part of a compromise between her tort-injured husband and the tortfeasor, effectively release her possible claim against the tortfeasor for her own losses from the husband's death if it results from the tort?

A widow appeals from the dismissal of her wrongful death action on exception of res judicata, based on a "receipt and release" which (if a compromise or transaction, C.C. art. 3071) has, "between the interested parties,...

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