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TURNER v. BUSBY

No. 37,272-CA.

859 So.2d 93 (2003)

Dianne TURNER, as Natural Tutrix of the Minor Child, Cietra Jenal Stroughter (Onterio McWright), Plaintiffs-Appellants, v. Thomas R. BUSBY and Zurich American Insurance Company, Defendants-Appellees.

Court of Appeal of Louisiana, Second Circuit.

Opinion on Rehearing November 13, 2003.

Attorney(s) appearing for the Case

Samuel H. Thomas, Tallulah, Bobby R. Manning, for Appellant, Onterio McWright.

James E. Paxton, Tallulah, for Appellees, Zurich American Ins. Co., Acme Trucking Co. and Thomas R. Busby.

Before STEWART, GASKINS and DREW, JJ.

STEWART, J.

In this wrongful death action, we review whether the trial court erred in granting the defendants request to have the plaintiff undergo DNA testing. We find that the trial court erred as a matter of law, and we reverse for the reasons that follow.

FACTS

This lawsuit arises from a traffic accident on Highway 65 in Tensas Parish, Louisiana in which Andrew Stroughter ("Stroughter") was killed in a collision with tractor trailer driven by...

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