MINOR v. CASTEN

No. CA-8180.

521 So.2d 465 (1988)

Loretta Wilson MINOR, Kathleen Minor Lurding, Sandra Minor and Jennifer Minor Carter v. Peter CASTEN, D.D.S. and St. Paul Fire & Marine Insurance Company.

Court of Appeal of Louisiana, Fourth Circuit.

Concurring Opinion February 23, 1988.


Attorney(s) appearing for the Case

Jerome Friedman, Metairie, Adolph J. Levy, New Orleans, for plaintiffs.

Chester A. Fleming III, Boggs, Loehn & Rodrigue, New Orleans, for defendants.

Before BARRY, ARMSTRONG and PLOTKIN, JJ.


BARRY, Judge.

Plaintiffs appeal a judgment which maintains the defendants' exception of prescription. The issue is the applicable prescriptive period in a wrongful death and survival action based on dental malpractice.

On April 20, 1978 O.J. Minor went to Peter Casten, D.D.S., for dental treatment and saw him regularly until August 2, 1982. Mr. Minor claims Dr. Casten advised him to spray chloroseptic on a lesion on the roof of his mouth beginning in November...

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