BILLIOT v. LeBEOUF BROS. TOWING CO.

No. 93 CA 1697.

640 So.2d 826 (1994)

Tanya Brunet BILLIOT, individually, and as Administratrix on Behalf of the Estate of Paul Warren Billiot, Sr. and on Behalf of Her Minor Children Spencer Billiot, Scotty Billiot and Chastity Billiot and Rita Parfait, Tutrix, on Behalf of Her Minor Children Bambi Cherise Billiot and Paul Warren Billiot, Jr. v. LeBEOUF BROTHERS TOWING COMPANY and Bourg Dry Dock and Service Company, Inc.

Court of Appeal of Louisiana, First Circuit.

Rehearing Denied August 30, 1994.


Attorney(s) appearing for the Case

Joseph J. Weigand, Jr., Houma, for plaintiff-appellant Rita Parfait, et al.

Paul M. Sterbcow, Alvarez T. Ferrouillet, Jr. and Kevin Katner, New Orleans, for plaintiff-appellant Tanya Brunet Billiot et al.

E. Phelps Gay New Orleans, for defendant-appellee LeBeouf Bros. Towing Co.

Before WATKINS, SHORTESS and FOGG, JJ.


WATKINS, Judge.

Plaintiffs appeal a judgment sustaining the defendant's exception of res judicata. An important underlying fact that distinguishes this case from a "normal" second case subject to a res judicata challenge is that, despite a previous federal court judgment, plaintiffs have never had their day in court on the merits of their wrongful death action. Finding exceptional circumstances that justify relief from the res judicata effect of the previous judgment...

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