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MARTIN v. COMM-CARE CORP.

No. 37,600-CA.

859 So.2d 217 (2003)

Princess MARTIN, Individually and on Behalf of the Estate of Isaiah Martin, Carrie N. Martin, Calvin Martin, Marilyn Baldwin, Sharlyn Taylor, Kenneth Martin, Janet Martin, Murriel Jackson, Johnny Martin, Larry Martin, Michael Martin, and Terry W. Martin, Plaintiffs-Appellants, v. COMM-CARE CORPORATION d/b/a Community Care Center of Ruston, Defendant-Appellee.

Court of Appeal of Louisiana, Second Circuit.

October 16, 2003.

Attorney(s) appearing for the Case

Adams & Johnston, P.C., by Robert M. Johnston, New Orleans, for Appellants.

Fleming & Associates, L.L.P., by C. Sean Jez, Christovich & Kearney, L.L.P., by James A. Holmes, New Orleans, for Appellee.

Before PEATROSS, DREW and MOORE, JJ.

DREW, J.

Princess Martin and her 11 adult children appeal the dismissal with prejudice (as prescribed) of their action for damages arising out of the death of Isaiah Martin, their husband and father. The Martin family contends that the dismissal defeats the policy underlying prescription and, further, that the doctrine of contra non valentem1 suspended prescription. The judgment of the trial court is affirmed.

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