Carriles v. Succession of Bevan

Full title: JOSEPH T. CARRILES v. SUCCESSION OF WILLIAM R. BEVAN, LENA BEVAN AND AETNA…

Court: Court of Appeal of Louisiana, Fourth Circuit

Date published: Nov 10, 1977

351 So. 2d 206 (La. Ct. App. 1977)

Opinion

No. 8362 Consolidated with No. 8361.

October 12, 1977. Rehearing Denied November 10, 1977.

APPEAL FROM THE CIVIL DISTRICT COURT FOR THE PARISH OF ORLEANS DIVISION "J", NO. 585-129, HONORABLE GEORGE C. CONNOLLY, JR., JUDGE.

Gertler Gertler, M. H. Gertler, New Orleans, for plaintiff-appellee.

Lemle, Kelleher, Kohlmeyer Matthews, Paul B. Deal, New Orleans, for Aetna Casualty and Surety Company and Mrs. Lena Bevan, defendants-appellants.

Before STOULIG, BOUTALL and SCHOTT, JJ.

STOULIG, Judge.

We reverse the judgment awarding plaintiff, Joseph T. Carriles, the sum of $7,995 against Aetna Casualty and Surety Company and Mrs. Lena Bevan for the reasons assigned in Proceeding No. 8361 of this court, entitled "Charles A. Martino versus Aetna Life and Casualty Company." La.App., 351 So.2d 204. Because we conclude William R. Bevan was not negligent, we need not discuss procedural deficiencies in this matter.

The judgment appealed from is reversed. All costs are to be borne by appellee.

REVERSED.