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HOLMES v. POTTHARST

No. CA-0656.

438 So.2d 622 (1983)

Mrs. Doris Jackson HOLMES, Individually and as Succession Representative of the Estate of Lem Holmes and as Tutrix of the Minor Children, Kathryn, Sherrie, Lem, Jr., Suzette, Brian, Cedric and Sarita Holmes v. J. POTTHARST, Jr., His Heirs and Estate, Mrs. Titine M. Pottharst, Alfred Baham, ABC Insurance Company and XYZ Manufacturing and Sales Company.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied October 27, 1983.

Attorney(s) appearing for the Case

Sidney L. Shushan, Guste, Barnett & Shushan, New Orleans, for plaintiff-appellant.

Esmond Phelps, II, John P. Manard, Phelps, Dunbar, Marks, Claverie & Sims, New Orleans, for defendant-appellee.

Before BARRY and WARD, JJ., and CHIASSON, Judge Pro Tempore.

BARRY, Judge.

In this executive officer action, a co-defendant, Alfred Baham, filed for summary judgment asserting prescription of an alleged survival action and no cause of action as to the wrongful death claim. Summary judgment was granted with prejudice (without reasons) and plaintiff was allowed leave to file an amended petition to allege an intentional tort by Mr. Baham1. Plaintiff's brief addresses only the wrongful death action...

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