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TENNEY v. BURLINGTON NORTHERN & SANTA FE

No. 02-1451.

842 So.2d 474 (2003)

Linda TENNEY v. BURLINGTON NORTHERN & SANTA FE RAILWAY CO., La & Delta Railroad Co., City of New Iberia, Parish of Iberia & the State of Louisiana through the Department of Transportation and Development.

Court of Appeal of Louisiana, Third Circuit.

April 2, 2003.

Attorney(s) appearing for the Case

John Felton Blackwell, New Iberia, LA, for Defendant/Appellee: Louisiana & Delta Railroad Company.

Alex Andrew Lopresto, III, Roy, Forrest & Lopresto, New Iberia, LA, for Defendant/Appellee: Parish of Iberia.

John Edmund McElligott, Jr., Kyle L. Gideon, David Young, Davidson, Meaux, Sonnier & McElligott, Lafayette, LA, for Defendant/Appellee: Burlington Northern and Santa Fe Railway Company.

Kent Mercier, Lafayette, LA, for Plaintiff/Appellant: Linda Tenney.

Court composed of JIMMIE C. PETERS, MARC T. AMY and ELIZABETH A. PICKETT, Judges.

AMY, Judge.

In this personal injury action, the plaintiff appeals the judgment of the trial court sustaining the defendants' exception of prescription. For the following reasons, we affirm.

Factual and Procedural Background

This case arises out of an automobile accident in New Iberia, Louisiana, on November 9, 2000. On November 7, 2001, the plaintiff submitted a facsimile transmission of a petition for damages to the Iberia Parish Clerk of Court...

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