RHODES v. CONGREGATION OF ST. FRANCIS

No. 84 CA 0759.

476 So.2d 461 (1985)

Mrs. Alvin P. RHODES, et al. v. The CONGREGATION OF ST. FRANCIS De SALES ROMAN CATHOLIC CHURCH, Houma, Louisiana and ABC Insurance Company.

Court of Appeal of Louisiana, First Circuit.

October 8, 1985.


Attorney(s) appearing for the Case

Randall M. Alfred, Marcel, Alfred & Dunchelman, Houma, for plaintiffs and appellants Mrs. Alvin P. Rhodes, et al.

Robert J. Prejeant, Watkins, Walker & Prejeant, Houma, for defendant and appellee The Congregation of St. Francis de Sales.

Before EDWARDS, LANIER and J. COVINGTON, JJ.


JOHN S. COVINGTON, Judge.

Plaintiffs appeal the judgment dismissing, after trial on the merits, their suit for damages against defendants. The issues are: (1) whether plaintiffs have a cause of action in tort based upon defendant's burial, in error, of another body in a crypt purchased for use by one of the plaintiffs; and (2) if so, whether plaintiffs have contractually waived or limited their right to sue in tort for damages arising from defendant's error.

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