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LABIT v. PALMS CASINO & TRUCK STOP, INC.

No. 2008-CA-1187.

4 So.3d 911 (2009)

Lillie LABIT v. The PALMS CASINO & TRUCK STOP, INC. and J & R Amusement Co., Inc.

Court of Appeal of Louisiana, Fourth Circuit.

January 28, 2009.

Attorney(s) appearing for the Case

Caleb H. Didriksen, III, Richard J. Garvey, Jr., Loyd J. Bourgeois, Jr., Amanda K. Wingfield, Didriksen Law Firm, P.L.C., New Orleans, LA, Diane R. Cosenza, Didriksen Law Firm, P.L.C., Gonzales, LA, for Lillie and Hayes Labit.

Freeman R. Matthews, Craig E. Frosch, Usry, Weeks & Matthews, APLC, New Orleans, LA, for Defendant/Appellee, The Palms Casino & Truck Stop, Inc.

Gerald A. Melchiode, Frank A. Romeu, Jr., Galloway, Johnson, Tompkins, Burr & Smith, New Orleans, LA, for Defendant/Appellee, J & R Amusement Co., Inc.

(Court composed of Chief Judge JOAN BERNARD ARMSTRONG, Judge PATRICIA RIVET MURRAY, Judge DAVID S. GORBATY.).

Judge PATRICIA RIVET MURRAY.

This is a personal injury suit. The plaintiffs, Lillie and Hayes Labit, appeal from a judgment of the trial court granting the exceptions of prescription filed by the defendants, The Palms Casino & Truck Stop, Inc. ("The Palms Casino") and J & R Amusement Company, Inc. ("J & R"). For the reasons that follow, we reverse and remand.

FACTUAL AND PROCEDURAL BACKGROUND

On December 25, 2006, Mrs. Labit was leaving...

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