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NICHOLS v. MID-AMERICAN VAN LINE

No. 19459-CA.

522 So.2d 1341 (1988)

Joan NICHOLS, on Behalf of Herself and Her Minor Children, Sherman Patrick Nichols and Callie Dawn Nichols, Appellant, v. MID-AMERICAN VAN LINE and Wausau Insurance Company, Appellee.

Court of Appeal of Louisiana, Second Circuit.

Writ Denied May 20, 1988.

Attorney(s) appearing for the Case

Jones & Smith Law Offices by Dr. James Garland Smith, Monroe, for appellant.

Davenport, Files & Kelly by Thomas W. Davenport, Jr., Monroe, for appellee.

Before HALL, JASPER E. JONES and NORRIS, JJ.

NORRIS, Judge.

This is a workers compensation case in which the issue is the timeliness of the plaintiff's suit. The trial court sustained defendant Mid-American's exception of prescription and dismissed the suit. For the reasons expressed, we reverse and remand for further proceedings.

The exception was taken up on a joint stipulation of facts. The plaintiff's decedent died on June 7, 1985, while driving a truck in the state of Tennessee. He was at the time...

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