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SUPREME COURT OF LOUISIANA
No. 97-CC-1443 J. RAY THOMAS Versus SISTER OF CHARITY OF THE INCARNATE WORD SHREVEPORT, LOUISIANA D/B/A SCHUMPERT MEDICAL CENTER AND XYZ INSURANCE COMPANY

ON WRIT OF CERTIORARI TO THE COURT OF APPEAL, SECOND CIRCUIT, PARISH OF CADDO

LEMMON, Justice* This is a wrongful death action filed by five persons claiming to be the illegitimate children of Isaac Hardman, Jr., who sustained fatal injuries while a patient at Schumpert Medical Center on March 8, 1992. One of the plaintiffs filed an action for filiation and for damages on August 10, 1992. On October 4, 1995, the other four plaintiffs were joined by supplemental petition which asserted that their claims should relate back to the date of the filing of the original petition. The sole issue before the court is whether the added plaintiffs, who did not claim filiation until more than one year after the alleged tort victim's death, are entitled to establish filiation solely for the purpose of asserting the damages claim.

*

Kimball, J., not on panel. Rule IV, Part 2,

Download 97-CC-1443 J. RAY THOMAS v. SISTER OF CHARITY OF THE INCARNATE WORD SHREVEPORT,

Louisiana Law