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LaBORDE v. EAGLE TRUCKING CO.

No. 14746.

409 So.2d 1266 (1982)

Betty Oliver LaBORDE and Gene Arthur LaBorde, Plaintiffs-Appellants, v. EAGLE TRUCKING COMPANY, Lincoln Insurance Company, Guarantee Insurance Company & Felix Porta, Defendants-Appellees.

Court of Appeal of Louisiana, Second Circuit.

January 25, 1982.

Attorney(s) appearing for the Case

Mecom & Scott by Leroy H. Scott, Jr., Shreveport, for plaintiffs-appellants.

Bodenheimer, Jones, Klotz & Simmons, Shreveport by G. M. Bodenheimer, for defendants-appellees.

Before HALL, MARVIN and JASPER E. JONES, JJ.

MARVIN, Judge.

Does CC Art. 2317 afford to a decedent's surviving parents a cause of action for wrongful death when they do not have a cause of action under CC 2315 because the decedent's spouse and child also survive?1

The trial court answered this precise issue negatively and the parents appeal the judgment dismissing the action on defendants' peremptory exception of no cause of action.

The wrongful death action has been...

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