CARROLL v. AETNA CAS. & SUR. CO.

No. 13640.

363 So.2d 726 (1978)

David Leroy CARROLL, Sr., et al., Plaintiffs-Appellants, v. AETNA CASUALTY AND SURETY COMPANY et al., Defendants-Appellees.

Court of Appeal of Louisiana, Second Circuit.

September 25, 1978.


Attorney(s) appearing for the Case

Stephen E. Everett, Alexandria, for plaintiffs-appellants.

Lunn, Irion, Switzer, Johnson & Salley by James B. Gardner, Shreveport, for defendants-appellees.

Before BOLIN, PRICE and MARVIN, JJ.


PRICE, Judge.

Plaintiffs have appealed the judgment sustaining a plea of prescription to their claims against a physician for damages in a malpractice suit.

The principal issue is whether the prescriptive period for a tort or breach of contract cause of action is applicable.

Plaintiffs brought this suit on July 6, 1977, to recover damages for themselves and their minor son, alleged to have been caused by the neglect of the defendant physician in the...

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