ADAMS v. DUPREE

No. 94-CA-2353.

663 So.2d 433 (1995)

Earl ADAMS, Jr. and Donald J. Quezerque v. Albert DUPREE and Allstate Insurance Company.

Court of Appeal of Louisiana, Fourth Circuit.

Writ Denied January 26, 1996.


Attorney(s) appearing for the Case

Vincent J. Glorioso, Jr., Helen H. Babin, New Orleans, for Appellant (Earl Adams, Jr.).

Patrick A. Talley, Jr., Frilot, Partridge, Kohnke & Clements, L.C., New Orleans, for Appellee (The Kansas City Southern Railway Company).

Before KLEES, CIACCO, LOBRANO, JONES and LANDRIEU, JJ.


LOBRANO, Judge.

Plaintiff, Earl Adams, Jr., appeals the trial court judgment sustaining the peremptory exception of prescription filed by defendant, Kansas City Southern Railroad (KCS). The procedural history leading to the appeal of this case is as follows.

On May 6, 1991 plaintiff and his guest passenger, Donald Quezerque, while driving on L & A Road in Metairie, La., were struck by another vehicle operated by Albert Dupree as he exited a driveway on...

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