No. 2012 CA 0441 Precedential Processed

Jones v. Fontenot

Louisiana Court of Appeal, First Circuit · Filed December 28, 2012 · 112 So. 3d 865

Authorities cited

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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.