Hebert v. State Farm Mut. Auto. Ins. Co.

Full title: ROBERT J. HEBERT, PLAINTIFF-APPELLANT, v. STATE FARM MUTUAL AUTOMOBILE…

Court: Court of Appeal of Louisiana, Third Circuit

Date published: Sep 4, 1974

298 So. 2d 914 (La. Ct. App. 1974)

Opinion

No. 4541.

June 28, 1974. Rehearing Denied September 4, 1974.

APPEAL FROM SIXTEENTH JUDICIAL DISTRICT COURT, PARISH OF IBERIA; HONORABLE ROBERT E. JOHNSON, JUDGE.

Charles J. LeBlanc, and Caillouet Wise, Jack B. Wise, Thibodeaux, for plaintiff-appellant.

L. Albert Forrest, New Iberia, and Willis Hardy by George W. McHugh, Jr., St. Martinville, for defendants-appellees.

Before FRUGE, HOOD, DOMENGEAUX, JJ.

Fruge, J., voted for rehearing.

[5] HOOD, Judge.

This is an action for damages instituted by Robert J. Hebert against Paul R. Green, Allstate Insurance Company, Joseph Chaisson and State Farm Mutual Automobile Insurance Company. Plaintiff appeals from a summary judgment rendered by the trial court dismissing the suit as to defendant State Farm.

The present suit was consolidated for trial and appeal with a companion suit instituted by Mrs. Beverly Ann Hebert Moreau and arising out of the same accident. We are rendering judgment today in that companion suit. See Moreau v. State Farm Mutual Automobile Insurance Company et al., 298 So.2d 907 (No. 4540 on the docket of this court).

For the reasons which we assigned in the above mentioned companion case, the judgment appealed from in the instant suit is affirmed. The costs of this appeal are assessed to plaintiff-appellant.

Affirmed.

DOMENGEAUX, J., concurs for reasons assigned in No. 4540.

FRUGE, J., dissents and assigns written reasons and voted for rehearing.

[12] FRUGE, Judge (dissenting).

For the reasons set forth in the companion suit herein, Moreau v. State Farm Mutual Automobile Insurance Company et al., 298 So.2d 907, on the docket of this Court, I respectfully dissent.