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ROLLINS v. CITY OF ZACHARY

No. 2000 CA 0160.

808 So.2d 439 (2001)

Helen ROLLINS, Individually and on Behalf of Michael Whittington, and Scarlett Hooge v. CITY OF ZACHARY, Zachary City Police, Chief of Zachary Police, Sergeant D.L. Courtney, Mayor John A. Womack, Christopher K. Holden, and Allstate Ins. Co.

Court of Appeal of Louisiana, First Circuit.

February 16, 2001.

Attorney(s) appearing for the Case

B. Todd Soileau, Baton Rouge, for Plaintiffs/Appellants, Helen Rollins, Michael Whittington and Scarlett Hooge.

Matthew W. Bailey, Baton Rouge, for Defendants/Appellees, City of Zachary, et al.

Matthew T. Lofaso, Baton Rouge, for Defendants/Appellees, Allstate Insurance Company and Christopher K. Holden.

Before: CARTER, C.J., FOIL, and WEIMER, JJ.

CARTER, Chief Judge.

This is an appeal from a trial court judgment dismissing the plaintiffs' claims for failure to request service within 90 days of the filing of the petition, as required by LSA-R.S. 13:5107D.

BACKGROUND

On May 10, 1998, Michael Whittington was struck by a vehicle driven by defendant, Christopher Holden, while Whittington was walking on a highway. Whittington was intoxicated at the time and had just been discharged from Lane Memorial...

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