NAQUIN v. JOHNS-MANVILLE SALES CORP.

No. 83-CA-707.

456 So.2d 665 (1984)

Hubert J. NAQUIN v. JOHNS-MANVILLE SALES CORPORATION.

Court of Appeal of Louisiana, Fifth Circuit.

August 28, 1984.


Attorney(s) appearing for the Case

Judith A. DeFraites, Gertler & Gertler, New Orleans, for Hubert J. Naquin plaintiff-appellant.

Thomas M. Nosewicz, Jones, Walker, Waechter, Poitevent, Carrere & Denegre, New Orleans, for Johns-Manville Sales Corporation defendant-appellee.

Before BOUTALL, CHEHARDY and DUFRESNE, JJ.


BOUTALL, Judge.

Hubert J. Naquin, a 60 year old man who was employed at Johns-Manville Marrero plant between 1950 and 1970, filed an asbestosis-related workers compensation claim on October 26, 1982. His claim was dismissed on an exception of prescription based on L.R.S. 23:1031.1(E)(a). We reverse.

In essence the exception is based upon the fact that plaintiff's claim for damages was not filed until October of 1982 and that the evidence shows that plaintiff...

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