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EVANS v. SMITH

No. CA 2006-974.

945 So.2d 184 (2006)

Roy E. EVANS, et al. v. Derrick D. SMITH, et al.

Court of Appeal of Louisiana, Third Circuit.

December 6, 2006.

Attorney(s) appearing for the Case

Ronald E. Corkern, Jr., Corkern & Crews, L.L.C., Natchitoches, LA, for Defendants/Appellees, State Farm Mutual Auto Insurance Company, Derrick D. Smith.

Craig Owen Marcotte, Hubley, Marcotte, Rhodes & Hussey, Shreveport, LA, for Defendant/Appellee, State Farm Mutual Auto Insurance Company(As UM Carrier).

James Allen Cooper, Jr., The Law Office of Jack M. Bailey, Jr., Shreveport, LA, for Plaintiffs/Appellants, Roy E. Evans and Rosie Evans.

Court composed of ULYSSES GENE THIBODEAUX, Chief Judge, JOHN D. SAUNDERS, and BILLY HOWARD EZELL, Judges.

EZELL, Judge.

Rosie and Roy Evans appeal a trial court judgment granting an exception of prescription filed by State Farm Mutual Automobile Insurance Company (State Farm). They argue that the filing of Mr. Evans' federal workers' compensation claim interrupted prescription on their state tort claim for damages sustained when Mr. Evans was involved in an accident.

FACTS

On January 22, 2004, Mr. Evans was driving a United States Postal Service vehicle...

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