Louisiana Court of Appeal, 2002

Bailey v. Khoury

Bailey v. Khoury
Louisiana Court of Appeal · Decided August 28, 2002 · Armstrong, III, McKay
840 So. 2d 585; 2002 La.App. 4 Cir. 0199; 2002 La. App. LEXIS 2687; 2002 WL 2012421 (Southern Reporter, Second Series)

Bailey v. Khoury

Opinion of the Court

JOAN BERNARD ARMSTRONG, Judge.

Relator Walgreen Louisiana Co., Inc’s, response to the Rule To Show Cause shows that Walgreen was not at fault as to the lateness of its writ application and, in fact, was diligent. It is in the interest of justice to allow Walgreen’s writ application to proceed.

The writ application is granted. For the reasons given in Bailey v. Khoury, et al, 2002-C-0049 (c/w 2002-C-0236), 840 So.2d 582, the plaintiffs claims against Walgreen Louisiana Co., Inc’s, are barred by prescription. Accordingly, plaintiffs claims are hereby dismissed.

WRIT GRANTED. DISMISSED.

MCKAY, J., dissents.

Dissenting Opinion

McKAY, J.,

dissenting.

I dissent for the same reasons I assigned in my dissent in writ No. 2002-C-0049 c/w 2002-C-0236, 840 So.2d 582.

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