No. 2012 CA 0441
Precedential
Processed
Jones v. Fontenot
Jones v. Fontenot, 112 So. 3d 865 (La. Ct. App. 1st Cir. 2012).
Authorities cited
Identified automatically; this list may not be exhaustive.
- In Re Brewer 934 So. 2d 823
- Medical Review Panel for Claim of Brewer 936 So. 2d 1278
Opinion text
PETTIGREW, J., concurs with the results, and assigns reasons. | ]I agree with the majority that under La. Civ.Code art. 2315.1, a beneficiary may institute a survival action within one year of the decedent’s death, provided that the decedent’s cause of action had not prescribed at the time of his death. However, I disagree with the legal analysis of In re Brewer, 2005-0666 (La.App. 1 Cir. 5/5/06) , 934 So.2d 823 , writ denied, 2006-1290 (La.9/15/06) 936 So.2d 1278 , dealing with the survival action under the medical malpractice act. La. R.S. 40:1299.41, et seq.