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WATKINS v. EXXON MOBIL CORP.

No. 2013-CC-1545.

145 So.3d 237 (2014)

Patricia WATKINS v. EXXON MOBIL CORPORATION.

Supreme Court of Louisiana.

Rehearing Denied July 1, 2014.

Attorney(s) appearing for the Case

Kean Miller, LLP, Michael R. Phillips, Louis Matthew Grossman, Brittany Buckley Salup, Richard Stuart Pabst, Julie Parelman Silbert, Adams and Reese, LLP, Glen Marion Pilie, Martin A. Stern, Raymond Peter Ward, Valeria Munsterman Sercovich, Johnson Gray McNamara, LLC, Mary Susan Johnson, Jill Thompson Losch, Chadwick James Mollere, Sarah Suzanne Mahoney, Nicole Mart Gray, Johnson, Johnson, Barrios & Yacoubian, Bettye A. Barrios Esq., Gavin Hodges Guillot Esq., New Orleans, LA, Rodney & Etter, LLC, Roy J. Rodney, Jr., for Applicant.

Falcon Law Firm, Timothy John Falcon, Jeremiah Alexander Mark Sprague, Marrero, LA, Frank M Buck Jr, PLC, Frank Marion Buck, Jr., for Respondent.

GUIDRY, Justice.

We granted the writ application to answer the question of whether the one-year time period for instituting a survival action pursuant to La. Civ.Code art. 2315.1, particularly as amended by Acts 1986, No. 211, § 2, is prescriptive, within the meaning of La. Civ.Code art. 3447, or is peremptive, within the meaning of La. Civ. Code art. 3458. The trial court granted the defendants' peremptory exceptions of peremption and no cause of action. The...

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