Franklin v. Allstate Insurance Company

Full title: HOMER FRANKLIN, PLAINTIFF-APPELLEE, v. ALLSTATE INSURANCE COMPANY ET AL.…

Court: Court of Appeal of Louisiana, Third Circuit

Date published: Apr 21, 1975

311 So. 2d 899 (La. Ct. App. 1975)

Opinion

No. 4955.

April 21, 1975.

APPEAL FROM 33RD JUDICIAL DISTRICT COURT, PARISH OF ALLEN; HONORABLE EDWARD M. MOUSER, JUDGE.

Hunt, Godwin, Painter Roddy by Maurice L. Tynes, Lake Charles, for defendants-appellants.

Perrell Fuselier, Oakdale, Edwards, Stefanski Barousse by Nolan J. Edwards, Crowley, John P. Navarre, Oakdale, for plaintiff-appellee.

Edward E. Roberts, Jr., Alexandria, for defendant-appellee.

Before FRUGE, CULPEPPER and DOMENGEAUX, JJ.

FRUGE, Judge.

This case was consolidated for trial with Gore v. Miller, 311 So.2d 894 (La.App. 3rd Cir. 1975). Plaintiff Homer Franklin was injured in a collision with a vehicle driven by Ora H. Perego. He sought recovery for his personal injuries against Perego, Kenneth W. Miller and Miller's insurer Allstate Insurance Company. The trial court rendered judgment in favor of plaintiff in the amount of $35,000. Miller and Allstate have appealed on the issue of Miller's fault. The facts are set out in the companion case of Gore v. Miller, supra.

For the reasons assigned in Gore v. Miller, supra, the judgment of the trial court is affirmed. Costs of this appeal are assessed against defendants-appellants.

Affirmed.