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JONES v. FONTENOT

No. 2012 CA 0441.

112 So.3d 865 (2012)

Lakeita JONES and Auther Gabriel v. Dana B. FONTENOT and Safeco Insurance Company.

Court of Appeal of Louisiana, First Circuit.

December 28, 2012.

Attorney(s) appearing for the Case

Keith B. Nordyke , Baton Rouge, LA, for Plaintiff/Appellant Lakeita Jones.

Keith S. Giardina , Aaron J. Lawler , George Prevot , Mike Thompson , Baton Rouge, LA, for Defendants/Appellees Dana B. Fontenot and Safeco Insurance Company.

Before CARTER, C.J., WHIPPLE, PARRO, KUHN, GUIDRY, PETTIGREW, GAIDRY, McDONALD, McCLENDON, HUGHES, WELCH and HIGGINBOTHAM, JJ.

McCLENDON, J.

Plaintiff appeals a trial court judgment dismissing her survival action on the basis of prescription. For the reasons that follow, we reverse the trial court's judgment.

FACTS AND PROCEDURAL HISTORY

Bruce Gabriel was injured on August 10, 2009, when he was struck by a car being driven by defendant Dana Fontenot. Gabriel, who died on November 21, 2009, never instituted any action arising from...

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