ANGELI v. PELLERIN MILNOR CORP.

No. 9099.

358 So.2d 318 (1978)

Santiago Roberto ANGELI v. PELLERIN MILNOR CORP. and the XYZ Insurance Company (Employers' Fire Ins. Co.).

Court of Appeal of Louisiana, Fourth Circuit.

On Rehearing April 11, 1978.


Attorney(s) appearing for the Case

Warren M. Simon, Jr., Metairie, for defendants-appellants.

Murray, Murray, Ellis, Braden & Landry, Romualdo Gonzalez, New Orleans, for plaintiff-appellee.

Before LEMMON, STOULIG and GARSAUD, JJ.


GARSAUD, Judge.

An exception of prescription was filed prior to submission of the case by defendant-appellant Pellerin Milnor Corporation on January 11, 1978, the date this Court heard oral arguments on this appeal. The exception is based on the finding of fact by the trial court that the accident involved occurred on January 24, 1975, the injury, a hernia, was first diagnosed on February 15, 1975, and suit was not filed until February 19, 1976.

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