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RICO v. CLARKE

No. 2009 CA 1360.

36 So.3d 309 (2010)

Jose F. RICO, Sr., Jewel S. Rico, Individually, and on behalf of their minor children, Jose F. Rico, Jr. and Jesus C. Rico v. David CLARKE, City of Baton Rouge, and State Farm Insurance Company.

Court of Appeal of Louisiana, First Circuit.

March 26, 2010.

Attorney(s) appearing for the Case

Mary Roper Counsel, Parish Attorney, Richard B. Nevils, Gwendolyn K. Brown, Special Assistant Parish Attorneys, Baton Rouge, Louisiana, for Defendant/Appellant, City of Baton Rouge/Parish of East Baton Rouge Parish.

Daniel E. Becnel, III, LaPlace, Louisiana, for Plaintiffs/Appellees, Jose F. Rico, Sr. and Jewel S. Rico, Individually, and on behalf of their minor children, Jose F. Rico, Jr. and Jesus C. Rico.

Before DOWNING, GAIDRY, and McCLENDON, JJ.

GAIDRY, J.

In this case, the defendant appeals a trial court decision overruling its exception of prescription. We reverse.

FACTS AND PROCEDURAL HISTORY

This case arises out of an automobile accident that occurred in East Baton Rouge Parish on August 19, 2002 between Jose F. Rico, Sr. and David Clarke, a police officer with the Baton Rouge Police Department.

On August 18, 2003, Rico and his wife, individually and on behalf of their minor...

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