SUMERALL v. ST. PAUL FIRE & MARINE INS. CO.

No. 13723.

366 So.2d 213 (1978)

John M. SUMERALL, Sr., Individually and as Administrator of Estate of minor, John M. Sumerall, Jr., et ux., Plaintiffs-Appellants, v. ST. PAUL FIRE & MARINE INSURANCE COMPANY et al., Defendants-Appellees.

Court of Appeal of Louisiana, Second Circuit.

December 4, 1978.


Attorney(s) appearing for the Case

Edmund M. Thomas, S. Patrick Phillips, Shreveport, for plaintiffs-appellants.

Mayer, Smith & Roberts by Alex F. Smith, Jr., Shreveport, for defendants-appellees.

Before BOLIN, PRICE and MARVIN, JJ.


BOLIN, Judge.

This is a medical malpractice case against a doctor and his insurer. More than one year having elapsed from the alleged negligence until suit was filed, defendant filed a plea of prescription which was sustained. Plaintiffs appeal and we affirm.

The primary issue is whether the action is one in tort which prescribes in one year. Assuming we find the prescriptive period is one year, the secondary issue is when the time began to run.

Plaintiffs...

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