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GAINES v. BRUSCATO

No. 30340-CA.

712 So.2d 552 (1998)

In re Petition of Mary Alice GAINES and Willie James Gaines to perpetuate evidence, testimony, and to preserve evidence, Plaintiff-Appellee, v. Anthony J. BRUSCATO, Intervenor, Defendant-Appellant.

Court of Appeal of Louisiana, Second Circuit.

April 8, 1998.

Attorney(s) appearing for the Case

Cook, Yancey, King & Galloway by Herschel E. Richard, Jr., Shreveport, for Defendant-Appellant Anthony J. Bruscato.

Mcintosh, Fox & Lancaster by John M. Lancaster, for Plaintiffs-Appellees Mary Alice Gaines and Willie James Gaines.

Hamilton & Carroll by Donald K. Carroll, Oak Grove, for Plaintiff-Appellee J.W. Witcher.

Before GASKINS, CARAWAY and PEATROSS, JJ.

GASKINS, Judge.

The intervenor, Anthony J. Bruscato, appeals from a trial court judgment finding that a "supplemental and amended petition" filed in 1996, asserting a personal injury claim arising in 1991, did not relate back to a petition to perpetuate testimony filed in 1992, and therefore the claim had prescribed. For the following reasons, we affirm the trial court judgment.

FACTS

On October 15, 1991, Mary Alice Gaines was employed on a West...

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