BARKER v. AETNA CAS. & SUR. CO.

No. 12995.

380 So.2d 178 (1979)

John B. BARKER v. AETNA CASUALTY & SURETY COMPANY et al.

Court of Appeal of Louisiana, First Circuit.

Rehearing Denied February 20, 1980.

Writ Refused April 18, 1980.


Attorney(s) appearing for the Case

Arthur Cobb, Baton Rouge, counsel for plaintiff-appellant, John B. Barker.

James E. Moore, Baton Rouge, counsel for defendants Aetna Ins. Co. and Vignes-Bombet Co., Inc.

Before COVINGTON, LOTTINGER and COLE, JJ.


COLE, Judge.

The trial court dismissed this workmen's compensation suit finding that defendant's peremptory exception raising the objection of prescription was valid. The issue is whether, under the facts of this case, the "development of injury rule" set forth in La.R.S. 23:1209 is applicable.

In written reasons for judgment, the trial court held:

"Plaintiff, Mr. Barker, was injured at his place of employment on July 20, 1977. He was seen by Dr....

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