Young v. McCullium
| Decision Date | 29 June 1954 |
| Docket Number | No. 3876,3876 |
| Citation | 74 So.2d 339 |
| Parties | YOUNG v. McCULLIUM et al. |
| Court | Court of Appeal of Louisiana — District of US |
Piazza & Gulotta, Wm. P. Schuler, New Orleans, for appellant.
Adams & Reese, New Orleans, for appellee.
This is a suit by the Administrator of the Succession of Louis Doucette, against Ray McCullium, and his insurer, to recover the amount expended by the administrator for funeral expenses. The deceased was killed in an automobile accident with the defendant, and the said accident forms the basis of this suit. Defendant filed exceptions of no right or cause of action, which were maintained by the Lower Court and the suit was accordingly dismissed.
The petition alleges that the deceased was killed while walking alongside a paved highway near the town of Lacombe, Louisiana. His death resulted when he was struck by an automobile driven by the defendant, Ray McCullium. The petition further alleges that deceased was never married, left no children, no mother or father, and no sisters or brothers. His closest relative was the petitioner, Ernest Young, who was an uncle of the deceased. The said uncle paid the funeral expenses for a proper and decent burial of deceased, which expenses were in the sum of $452.86. He then qualified as Administrator of the estate of deceased, claiming to be a creditor of the estate in the said amount. He now sues the defendant and his insurer, claiming the sum of $452.86 to be a debt due the estate.
Defendants filed the following exceptions--(1) that the petitioner does not have the legal capacity to sue in that it appears from the petition that petitioner is suing in his capacity as administrator of the Succession of Louis Doucette and seeks judgment in that capacity for money paid by him individually for funeral and burial expenses of the said Louis Doucette deceased, for which he had no legal obligation or liability to pay; and (2) that the plaintiff has no right or cause of action in this cause in that he is suing in his capacity as administrator of the Succession of Louis Doucette and seeks judgment in that capacity for money paid by him for funeral and burial expenses of the said Louis Doucette, deceased, for which he had no legal obligation or liability to pay.
The Lower Court held that there was no right or cause of action in favor of petitioner in this suit, and accordingly dismissed same. The petitioner has appealed.
This case must necessarily come under the provisions of Article 2315 of our LSA-Civil Code, as it is, in essence, a suit for damages for the wrongful death of deceased. The pertinent portion of the said Codal Article provides:
'Every act whatever of man that causes damage to another, obliges him by whose fault it happened to repair it; the right of this action shall survive in case of death in favor of the children, including adopted children and children given in adoption, or spouse of the deceased, or either of them, and in default of these in favor of the surviving father and mother or either of them, and in default of any of the above named persons, then in favor of the surviving blood brothers and sisters, or either of them, for the space of one year from the death. * * *'
Article 2315 limits the rights given therein to the parties mentioned in the article. Nowhere in the said article are the said rights given to the administrator of a succession, nor to a creditor, nor to an uncle of the deceased. It is clear, therefore, that the petitioner has no right of action under the provisions of Article 2315.
The petitioner, however, claims...
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Page v. Cameron Iron Works
...together with Articles 3536, 3537 and 3541. Bourgeois v. Indemnity Ins. Co. of North America, La.App.1952, 60 So.2d 718; Young v. McCullium, La. App., 74 So.2d 339. That the above cited statutes are applicable to actions ex delicto has been clearly established by the Supreme Court of Louisi......
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Covert v. Liggett Group, Inc., Civ. A. No. 87-131-B.
...law and at civil law a right of action for damages for personal injuries does not survive in case of death."); Young v. McCullium, 74 So.2d 339, 340-41 (La. App. 1st Cir.1954) (quoting Kerner, supra); Maher v. Schlosser, 144 So.2d 706, 708 (La.App. 4th Cir.1962) ("A right of action for dama......
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Abraham v. Connecticut Fire Ins. Co., 6452
...recent cases include Harris v. Lumbermen's Mutual Casualty Company (1st Circuit, 1950), La.App., 48 So.2d 728; Young v. McCullium (1st Circuit, 1954), La.App., 74 So.2d 339; Finn v. Employers' Liability Assurance Corporation, Ltd. (2d Circuit, 1962), La.App., 141 So.2d 'The denominations of......
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Guidry v. Crowther
...minor children). However, this court has held that LSA-Civil Code Article 2315 applies even as to such items of damage. Young v. McCullium, La.App. 1 Cir., 74 So.2d 339, cert. denied. Therefore the award in favor of the major children for these items must be disallowed. No answer to the app......