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MASON v. LUTHER

No. CW 2005-25.

903 So.2d 1145 (2005)

Janie Audra MASON v. James A. LUTHER, et al.

Court of Appeal of Louisiana, Third Circuit.

June 1, 2005.

Attorney(s) appearing for the Case

Charles Carmen Foti, Jr., Attorney General, Baton Rouge, LA, for Defendant/Applicant: State of Louisiana, DOTD.

Edward Alan Kaplan, Alexandria, LA, for Plaintiff/Respondent: Janie Audra Mason.

Elizabeth Brooks Hollins, Department of Justice, Lake Charles, LA, for Defendant/Applicant: State of Louisiana, DOTD.

Court composed of GLENN B. GREMILLION, BILLY HOWARD EZELL, and JAMES T. GENOVESE, Judges.

EZELL, Judge.

This case presents the res nova issue of whether children conceived and/or born after an accident involving their mother have causes of action for loss of consortium. Issues of prescription are also raised. The State of Louisiana, Department of Transportation and Development (DOTD), filed exceptions of no right/no cause of action and prescription to the loss of consortium claims filed on behalf of these children which were denied by the trial...

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