BATISTE v. BIG D DIRT SERVICE

No. 95-113.

663 So.2d 334 (1995)

Ivory BATISTE, Plaintiff-Appellant, v. BIG D DIRT SERVICE, Defendant-Appellee.

Court of Appeal of Louisiana, Third Circuit.

October 4, 1995.


Attorney(s) appearing for the Case

Viel P. Caswell Jr., Eunice, for Ivory Batiste.

Peter Allen Kopfinger, Baton Rouge, for Big D Dirt Service.

Before COOKS, WOODARD and AMY, JJ.


WOODARD, Judge.

This is a workers' compensation case in which the issue on appeal is whether the trial court properly granted the defendant's peremptory exception of prescription regarding plaintiff's claim.

FACTS

On June 17, 1992, plaintiff, Ivory Batiste, who was employed by defendant, Big D Dirt Service, injured his neck, back, and legs when the loaded dump truck that he was driving overturned during the course and scope of his employment. Big...

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