DUGAS v. DURR

No. 96-744.

707 So.2d 1368 (1998)

Mark DUGAS, et ux., Plaintiffs-Respondents, v. Richard DURR, et al., Defendants-Relators.

Court of Appeal of Louisiana, Third Circuit.

March 6, 1998.


Attorney(s) appearing for the Case

James L. Piker, Baton Rouge, for Mark and Darlene Dugas, Indiv. etc.

Patrick A. Juneau, Jr., Lafayette, for Richard Durr, et al.

Before DECUIR, PETERS and GREMILLION, JJ.


DECUIR, Judge.

The plaintiffs, Mark and Darlene Dugas, filed suit against various defendants, including Sedric Breaux, alleging the rape of their minor daughter while she was in Breaux's care. Breaux filed a peremptory exception of prescription, arguing that a one-year prescriptive period applied under the facts of this case. The trial court denied the exception, finding that the three-year liberative prescriptive period set out in La.Civ. Code art. 3496.1 applied...

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