GINGER BAILEY, ET AL. Vs. DR. GREGORY KHOURY, ET AL.
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GINGER BAILEY, ET AL. * NO. 2002-C-0199 VERSUS * COURT OF APPEAL DR. GREGORY KHOURY, ET AL. * FOURTH CIRCUIT * STATE OF LOUISIANA * * ******* ON APPLICATION FOR WRITS DIRECTED TO CIVIL DISTRICT COURT, ORLEANS PARISH NO. 99-4242, DIVISION “F” Honorable Yada Magee, Judge ****** JOAN BERNARD ARMSTRONG JUDGE ****** (Court composed of Chief Judge William H. Byrnes III, Judge Joan Bernard Armstrong and Judge James F. McKay,III) MCKAY, J., DISSENTS WITH REASONS MARK E. SEAMSTER SEALE, DAIGLE & ROSS 200 NORTH CATE STREET P.O. DRAWER 699 HAMMOND LOUISIANA 70404 COUNSEL FOR DEFENDANT (ECKERD CORPORATION) WRIT GRANTED. DISMISSED. Relator Eckerd Corporation’s response to the Rule To Show Cause shows that Eckerd 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 Eckerd’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), the plaintiff’s claims against Eckerd Corporation are barred by prescription. Accordingly, plaintiff’s claims are hereby dismissed. WRIT GRANTED. DISMISSED.
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