ELZY v. ABC INS. CO.

No. CA 2528.

472 So.2d 205 (1985)

Latmore ELZY v. ABC INSURANCE COMPANY et al.

Court of Appeal of Louisiana, Fourth Circuit.

Writ Denied September 27, 1985.


Attorney(s) appearing for the Case

Terrence J. Lestelle, New Orleans, for plaintiff.

Wood Brown, III, Montgomery, Barnett, Brown & Read, New Orleans, for defendants.

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


REDMANN, Chief Judge.

A former client appeals from a judgment that dismissed on peremptory exception, La.C.C.P. 927, his malpractice action against his former attorney as prescribed by the one-year tort prescription of former La.C.C. 3536 (now art. 3492).

Plaintiff argues that the factual dispute as to when prescription began to run should have been decided not by the judge but by the jury his petition requested; that the lawyer's warranting results makes...

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