Futch v. Fidelity Casualty Company of New York

Full title: THEOS FUTCH, INDIVIDUALLY AND AS ADMINISTRATOR OF ESTATE OF HIS MINOR…

Court: Court of Appeal of Louisiana, Second Circuit

Date published: Feb 14, 1964

158 So. 2d 455 (La. Ct. App. 1964)

Opinion

No. 10010.

November 1, 1963. Rehearing Denied December 6, 1963. Writ Granted February 14, 1964.

Appeal from Third Judicial District Court, Parish of Union; J.R. Dawkins, Judge.

Hudson, Potts Bernstein, Jesse D. McDonald, Monroe, for appellant.

James M. Dozier, Jr., James T. Spencer, Farmerville, for appellee.

Before HARDY, AYRES and BOLIN, JJ.

HARDY, Judge.

The facts and the law have been discussed in the cases of Tucker, La.App., 158 So.2d 453, and Stuckey, La.App., 158 So.2d 454, against this defendant.

The instant case presents an appeal by defendant from a judgment in the principal sum of $1,193.70 in favor of plaintiff. This amount represents the evaluation of the district judge over and above the prorated liability of the primary insurer for compensatory damages, and we find no error in the judgment.

Accordingly, it follows that the judgment appealed from should be and is affirmed at the cost of defendant-appellant.