CURRY v. McGINNIS

No. 08-1050.

3 So.3d 615 (2009)

Wilbert CURRY, Individually, Phillip Curry, Individually, Jowanda Curry, Individually, Phillip Curry and Jowanda Curry as Natural Tutor of the Minor Children, Phillip Curry, Jr. and Joseph Curry v. Javell McGINNIS, Geico Insurance Company, Town of Jonesville, Milton Savage, and Louisiana Municipal Risk Management, Inc.

Court of Appeal of Louisiana, Third Circuit.

February 4, 2009.


Attorney(s) appearing for the Case

Jerry L. Lavespere, Jr., Alexandria, Louisiana, for Plaintiffs/Appellants, Wilbert Curry, Phillip Curry and Jowanda Curry, individually and as natural tutor of the minor children, Phillip Curry, Jr. and Joseph Curry.

John P. Doggett, Provosty, Sadler, deLaunay, Fiorenza & Sobel, Alexandria, Louisiana, for Plaintiffs/Appellants, Wilbert Curry, Phillip Curry and Jowanda Curry, individually and as natural tutor of the minor children, Phillip Curry, Jr. and Joseph Curry.

Samuel T. Singer, Law Office of Samuel T. Singer, PLC, Winnsboro, Louisiana, for Defendants/Appellees, Town of Jonesville, Milton Savage, and Risk Management, Inc.

Russell L. Potter, Stafford, Stewart & Potter, Alexandria, Louisiana, for Defendants, Geico Indemnity Company, Javell McGinnis, Hillary McGinnis, Jr., and Tangee R. Davis.

Gregory S. Marsiglia, Lowe, Stein, Hoffman, Allweiss & Hauver, L.L.P., New Orleans, Louisiana, for Defendant/Third-Party Plaintiff, Javell McGinnis.

Ronald J. Fiorenza, Theodore D. Vicknair, Provosty, Sadler, deLaunay, Fiorenza & Sobel, Alexandria, Louisiana, for Plaintiff, Ereeca Hill, individually and on behalf of her minor son, Davell Davis.

Court composed of OSWALD A. DECUIR, J. DAVID PAINTER, and JAMES T. GENOVESE, Judges.


GENOVESE, Judge.

Plaintiffs/Appellants, Wilbert Curry, Phillip Curry and Jowanda Curry, individually and as natural tutor of the minor children, Phillip Curry, Jr. and Joseph Curry (hereinafter collectively referred to as "Plaintiffs"), appeal the trial court's ruling sustaining the peremptory exception of prescription filed by the Defendants/Appellees, Town of Jonesville and Milton Savage. For the following reasons, we reverse...

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