Baldridge v. Horace Mann

Full title: William BALDRIDGE and Jennifer Baldridge v. HORACE MANN INSURANCE COMPANY…

Court: Court of Appeal of Louisiana, Third Circuit

Date published: Dec 8, 2004

890 So. 2d 683 (La. Ct. App. 2004)

Opinion

No. 04-718.

December 8, 2004.

Appeal from the Twelfth Judicial District Court Parish of Avoyelles, No. 2003-5366-A, Honorable William J. Bennett, District Judge.

Daniel G. Brenner Bolen, Parker, Brenner, Ltd., Alexandria, LA, for Defendants/Appellants: Willie Mae Berryman Horace Mann Ins. Co.

Clifford L. Newman, The Newman Law Firm, Lake Charles, LA, for Plaintiffs/Appellees: Jennifer Baldridge William Baldridge.

Cory P. Roy, Attorney at Law, Marksville, LA, for Plaintiffs/Appellees: William Anderson, Jr. and Metropolitan Property and Casualty Insurance Co. d/b/a Met Life Auto Home and/or Economy Fire Casualty Co.

Court composed of Jimmie C. Peters, Michael G. Sullivan, and John B. Scofield, Judges.^_

_ Honorable John B. Scofield participated in this decision by appointment of the Louisiana Supreme Court as Judge Pro Tempore.

SCOFIELD, Judge.[fn1] [fn1] Honorable John B. Scofield participated in this decision by appointment of the Louisiana Supreme Court as Judge Pro Tempore.

For the reasons set forth in the companion case hereto, William Anderson, et ux. v. Metropolitan Property and Casualty Ins. Co. d/b/a/ Met Life Auto Home and/or Economy Fire and Casualty Co., 04-717 (La.App. 3 Cir. 12/8/2004), 890 So.2d 677, we reverse the judgment of the trial court insofar as it assesses Defendant, Mrs. Willie Mae Berryman, with 50% liability in the accident of November 25, 2002, and absolve her of any fault in the accident. Further, we find William Anderson, Jr., to be 100% at fault. The remaining issue on appeal is moot.

All costs at the trial level, subject to the terms of the dismissals, are assessed against William Anderson, Jr., and Metropolitan Property and Casualty Insurance Company d/b/a/ Met Life Auto Home and/or Economy Fire and Casualty Company. All costs of this appeal are assessed against appellee, William Anderson, Jr.

REVERSED AND RENDERED.