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McKENZIE v. IMPERIAL FIRE AND CAS. INS. CO.

No. 2012 CA 1648.

122 So.3d 42 (2013)

Thomas McKENZIE v. IMPERIAL FIRE AND CASUALTY INSURANCE COMPANY, the Estate of Sharon R. Braud and Sharon Braud and State Farm Insurance Company.

Court of Appeal of Louisiana, First Circuit.

July 30, 2013.

Attorney(s) appearing for the Case

Thomas L. Smith , David A. Dalia , New Orleans, LA, for Appellant Plaintiff, Thomas McKenzie.

James D. "Buddy" Caldwell , Attorney General, Thomas M. Brahney , Assistant Attorney General, New Orleans, LA, for Appellee Defendant, State of Louisiana through the Department of Transportation and Development.

Before PARRO, WELCH, and DRAKE, JJ.

WELCH, J.

The plaintiff, Thomas McKenzie, appeals a trial court judgment sustaining the peremptory exception raising the objection of prescription filed by defendant, the State of Louisiana, through the Department of Transportation and Development ("DOTD"), and dismissing the plaintiff's claims against DOTD with prejudice. For reasons that follow, we reverse and remand for further proceedings.

FACTUAL AND PROCEDURAL HISTORY

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