McWhiney v. Travelers Insurance Company

Full title: HOYLE T. McWHINEY, INDIVIDUALLY AND AS ADMINISTRATOR OF THE ESTATES OF HIS…

Court: Court of Appeal of Louisiana, Second Circuit

Date published: Mar 21, 1977

343 So. 2d 740 (La. Ct. App. 1977)

Opinion

No. 13123.

February 14, 1977. En Banc. Rehearing Denied March 21, 1977.^_

_ Bolin, J., took no part in en banc denial of rehearing.

APPEAL FROM FIRST JUDICIAL DISTRICT COURT, PARISH OF CADDO, STATE OF LOUISIANA, HONORABLE JOHN F. FANT, J.

Edwards, Stefanski Barousse by Homer Ed Barousse, Jr., Crowley, for Hoyle T. McWhiney and Jennie Rambin McWhiney, plaintiffs-appellants.

Booth, Lockard, Jack, Pleasant LeSage by Henry A. Politz, Shreveport, for J. B. Stevens and Billy M. Rowell, defendants-appellees.

Blanchard, Walker, O'Quin Roberts by Joseph W. Milner, William Timothy Allen, III, Shreveport, for Braswell Industries, Inc., Travelers Ins. Co., Larry Dandridge, Morris J. Gulledge, John B. Howell, Byron Braswell, Jr., and Mary Leahy, defendants-appellees.

Before PRICE, MARVIN and JONES, JJ.

JONES, Judge.

Plaintiffs brought this action in workmen's compensation against Braswell Industries, Inc., and its insurance carrier, Travelers Insurance Company. Defendants moved for a summary judgment, which was granted by the trial court. Plaintiffs appeal.

This case presents the same facts and issues as in McWhiney v. Travelers, 343 So.2d 736 (La.App., 2d Cir. 1977) rendered this date.

For the reasons therein expressed, we reverse the decision of the trial court and remand this case for further proceedings.

Costs below and here on the issue of summary judgment are assessed against defendant.