JACKSON v. HICKS

No. 49,199-CA.

147 So.3d 283 (2014)

Shelia JACKSON and Cleve Jackson obo Derrick Jackson, Plaintiffs-Appellants v. Kimberly R. HICKS, Ind., Flip Flop Extreme, L.L.C. d/b/a Brookwood Cheerleader Association and Sport Port Indoor Soccer Facility, L.L.C., Defendants-Appellees.

Court of Appeal of Louisiana, Second Circuit.

August 13, 2014.


Attorney(s) appearing for the Case

S.P. Davis , for Appellants.

H. Lynwood Lawrence, Jr. , for Appellee, Kimberly Hicks.

Musgrave, McLachlan & Penn, LLC By: Theresa S. Anderson , Lisa Ann McLachlan , New Orleans, for Appellee, Sport Port Indoor Soccer.

Before BROWN, WILLIAMS, and LOLLEY, JJ.


BROWN, Chief Judge.

Plaintiffs, Shelia and Cleve Jackson, filed this personal injury action on behalf of their minor son, Derrick, who was injured at tumbling practice due to a defective gym floor. Both the petition and amended petition were filed beyond the one-year prescriptive period. Plaintiffs claim that prescription was interrupted by acknowledgment. The trial court found that there was no acknowledgment and granted the exceptions of prescription dismissing...

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