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PHILLIPS v. PALUMBO

Nos. 94-CA-1323, 94-CA-1324.

648 So.2d 40 (1994)

Lawrence PHILLIPS, Jr. v. Wayne T. PALUMBO, State Farm Insurance Company, and Allstate Insurance Company. Wayne T. PALUMBO v. ALLSTATE INSURANCE COMPANY and Lawrence Phillips, Jr.

Court of Appeal of Louisiana, Fourth Circuit.

December 15, 1994.

Attorney(s) appearing for the Case

George G. Angelus, Smith, Martin, Schneider & Shields, New Orleans, for Wayne T. Palumbo.

David V. Batt, Joseph M. Messina, Lobman, Carnahan and Batt, Metairie, for State Farm Mut. Auto. Ins. Co.

Before BYRNES, CIACCIO and LOBRANO, JJ.

CIACCIO, Judge.

Rhonda Palumbo (Mrs. Palumbo) appeals from the dismissal of her loss of consortium claim against Lawrence Phillips, Jr., (Phillips) on an exception of prescription. The issue for review is whether Mrs. Palumbo's untimely claim for loss of consortium relates back to the timely filing of her husband's petition for damages. For the following reasons, we affirm.

On February 26, 1991, Mrs. Palumbo's husband, Wayne Palumbo (Mr. Palumbo), was involved...

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