
    Ginger BAILEY, et al. v. Dr. Gregory KHOURY. et al.
    No. 2002-C-0227.
    Court of Appeal of Louisiana, Fourth Circuit.
    Aug. 28, 2002.
    Jack E. Truitt, The Truitt Law Firm, Madisonville, LA, for DefendanL-Appli-cant, Walgreens Louisiana Co., Inc.
    Court composed of Chief Judge WILLIAM H. BYRNES III, Judge JOAN BERNARD ARMSTRONG, Judge JAMES F. McKAY, III.
   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.

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.  