DOY E. COTHERN
KALYN BARBER; JOHN BARBER, INDIVIDUALLY AND AS THE FATHER AND ADMINISTRATOR OF THE ESTATE OF THE UNEMANCIAPATED MINOR, KALYN BARBER; BRIDGETTE BARBER, INDIVIDUALLY AND AS THE MOTHER OF THE UNEMANCIPATED MINOR, KALYN BARBER; GEICO INSURANCE COMPANY; JAMES JORDAN; STATE FARM FIRE AND CASUALTY COMPANY; AND STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY
from the 22nd Judicial District Court Parish of
Washington State of Louisiana Docket Number 108304, Honorable
Allison H. Penzato, Judge Presiding
Huval Stefini W. Salles Covington, LA, Counsel for Plaintiff/
Appellant, Doy E. Cothern.
E. Sandage Hammond, LA, Counsel for Defendants/Appellees,
Kalyn Barber (Jordan) and James Jordan.
Stephen R. Barry Daphne McNutt New Orleans, LA, Counsel for
Defendants/ Appellees, John Barber and Bridgette Barber.
Kathleen Simon New Orleans, LA, Counsel for Defendant/
Appellee, Geico Insurance Company.
BEFORE: WHIPPLE, C.J., McDONALD, AND CHUTZ, JJ.
matter is before us on appeal by plaintiff, Doy E. Cothern,
from a judgment of the trial court granting a peremptory
exception raising the objection of no cause of action and
dismissing, with prejudice, plaintiffs claims against
defendants, John Barber and Bridgette Barber. For the
following reasons, we affirm the judgment of the trial court.
AND PROCEDURAL HISTORY
about July 30, 2104, plaintiff Doy E. Cothern was involved in
an automobile accident with defendant Kalyn Barber in
Bogalasa, Louisiana, resulting in injuries to Cothern. At the
time of the accident, Kalyn Barber was eighteen years old and
was driving a vehicle owned by James Jordan. Cothern filed a
lawsuit on June 25, 2015, seeking damages for injuries
sustained as a result of the automobile accident. Named as
defendants in Cothern's lawsuit were: Kalyn Barber; James
Jordan; State Farm as the automobile liability insurer of
Jordan; State Farm as the underinsured motorist insurer of
Cothern; Kalyn's parents, John and Bridgette Barber
("the Barbers"); Geico Insurance Company as the
automobile insurer of the Barbers; and an unnamed insurer as
the Barbers' homeowners insurer.
pertinent part, the petition alleged that Kalyn was a
Mississippi-licensed motorist, who was living outside of her
parents' residence in Mississippi. The petition further
alleged that Kalyn's parent(s) had signed her application
for a driver's license as an unemancipated minor prior to
her seventeenth birthday and, thus, were vicariously liable
for her negligence in causing the automobile accident
pursuant to Mississippi Code Section 63-l-25 and LSA-C.C. art.
curator ad hoc was appointed to represent the interest of the
Barbers. Thereafter, the curator filed a peremptory exception
raising the objection of no cause of action on behalf of the
Barbers,  contending that: (1) Kalyn was eighteen at
the time of the accident and, thus, Mississippi Code Section
63-1-25 is inapplicable; and (2) LSA-C.C, art. 221 is
likewise inapplicable because the father's administration
of his minor's estate terminates at the time of majority
of the child, which, pursuant to LSA-C.C. art. 29, is
attained upon reaching the age of eighteen.
to a hearing on the Barbers' exception of no cause of
action, Cothern filed a second amended and supplemental
petition,  deleting any reference to Mississippi Code
Section 63-1-25, but still naming the Barbers as defendants
in the lawsuit on the basis that Kalyn was subject to the
tort laws of Louisiana, including LSA-C.C art. 2318,
well as the Louisiana Civil Code articles governing conflict
of laws. Cothern attached to the amended petition a copy of
Mississippi Code Section 1-3-27, which states that the term
"minor" includes any person under twenty-one years
in his opposition to the exceptions raised by the Barbers,
Cothern argued that because Kalyn was a domiciliary of
Mississippi, her status as a minor should be
determined by the law of Mississippi, in particular Miss.
Code Ann. 1-3-27, and Kalyn (age ...