REESE v. STATE DEPT. OF PUBLIC SAFETY

No. 2003-C-1615.

866 So.2d 244 (2004)

Donald REESE and Verna Nabonne on Behalf of her Minor Child, James J. Nabonne v. STATE of Louisiana, DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONS and Louisiana State Penitentiary.

Supreme Court of Louisiana.

February 20, 2004.


Attorney(s) appearing for the Case

McGlynn, Glisson & Koch, John G. Allelo, Benjamin P. Mouton, Baton Rouge, for applicant.

Charles C. Foti, Jr., Attorney General, Oats & Hudson, Lafayette, Andrew Benton, Robin L. Jones, Clifton O. Bingham, Jr., Special Assistant Attorneys General, for respondent.


KIMBALL, Justice.

In this case, we are asked to determine whether timely-filed survival and wrongful death actions by an illegitimate child interrupts prescription for the filing of a cumulated filiation action. For the following reasons, we hold that the bare allegations of the timely-filed original petition, while not artfully drafted, give fair notice to the defendants of the plaintiff's attempt to set forth a cause of action for filiation. Consequently, the first...

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