POTTS v. ESTATE OF GUIDRY

No. 04-1386.

897 So.2d 913 (2005)

Kenneth J. POTTS (Now Deceased), et al. v. The ESTATE OF Wayne A. GUIDRY, et al.

Court of Appeal of Louisiana, Third Circuit.

March 9, 2005.


Attorney(s) appearing for the Case

Elizabeth Brooks Hollins, Louisiana Department of Justice, Lake Charles, LA, for Defendant-Appellee, State of Louisiana.

Larry Arlen Roach, Jr., Attorney at Law, Lake Charles, LA, for Plaintiff-Appellant, Kenneth J. Potts (Now Deceased), Substitute Parties Plaintiff, Tiffany Potts, Individually and on behalf of her minor children, Laikyn Potts and Kassidi Potts.

Court composed of SYLVIA R. COOKS, ELIZABETH A. PICKETT, and BILLY HOWARD EZELL, Judges.


PICKETT, Judge.

The heirs of Kenneth Potts appeal a judgment of the trial court sustaining an exception of prescription raised by the Louisiana Department of Transportation and Development and dismissing the suit against DOTD with prejudice. For the following reasons, we reverse.

STATEMENT OF THE CASE

Kenneth Potts sustained injuries in a motor vehicle accident on March 25, 1993. Potts was a passenger in a vehicle driven by Wayne Guidry at...

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