LEDET v. STATE, DEPT. OF HEALTH & HUMAN RES.

No. CA 2298.

465 So.2d 98 (1985)

Richard Earl LEDET v. STATE of Louisiana, DEPARTMENT OF HEALTH AND HUMAN RESOURCES.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied March 27, 1985.

Writ Denied May 24, 1985.


Attorney(s) appearing for the Case

Robert L. Hackett, Oestreicher, Whalen & Hackett, New Orleans, for plaintiff.

Patrick F. Lee, Joseph R. Ward, Jr., Ward & Clesi, New Orleans, for defendants.

Before REDMANN, C.J., and BARRY and KLEES, JJ.


REDMANN, Chief Judge.

Can a plaintiff in a wrongful death action whose own right of action depends upon the decedent's having "left no ... parent surviving," La.C.C. 2315, prove a parent's death by C.C. 70's presumption of death from an absence without news that has lasted ten years? Is a half brother a "brother" within C.C. 2315?

This appeal, from the dismissal of plaintiff's wrongful death action on exception of no right of action, raises those questions...

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