WILLIAMS v. SEWERAGE & WATER BD.

No. 91-CA-2207.

597 So.2d 588 (1992)

Sarah L. WILLIAMS, Individually and as Administratrix for the Succession of Joseph S. Williams, Sr., Cleastha Williams, Gerald Williams and Geraldine Williams v. SEWERAGE & WATER BOARD OF NEW ORLEANS, Harold Gorman, G. Joseph Sullivan, M. Lambert, Henry Walters, Robert Muller, Wilfred Simmons, Paul Mumme, Sr., Ronald Hickerson, Larry Ellis, John Doe, New Orleans Public Service, Inc., ABC Corporation and the XYZ Corporation.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied May 13, 1992.


Attorney(s) appearing for the Case

Robert A. McMahon, Jr., Paul V. Cassisa, Jr., Bernard, Cassisa, Saporito & Elliott, New Orleans, for defendant/appellant (LITTLE GIANT CRANE & SHOVEL, INC.)

Jacques F. Bezou, DeRussy, Bezou & Matthews, and Burton G. Klein, Klein & Klein, New Orleans, for plaintiffs/appellants.

Before KLEES and LOBRANO, JJ., and GULOTTA, J. Pro Tem.


LOBRANO, Judge.

In this wrongful death action the surviving spouse and children of the decedent appeal the inadequacy of the trial court's award asserting various arguments. Defendant, Little Crane & Shovel Company, Inc. answered the appeal rearguing their exception of prescription, the trial court's finding of fault and the apportionment of fault. We find that the prescriptive plea is dispositive of this case.

On September 2, 1986, while in the employ...

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