Jones Chemicals, Inc. v. Murray

Full title: JONES CHEMICALS, INC. v. LINDA MURRAY ET AL

Court: Court of Appeal of Louisiana, Fourth Circuit

Date published: Aug 26, 1975

316 So. 2d 201 (La. Ct. App. 1975)

Opinion

No. 6775.

July 8, 1975. Rehearing Denied August 26, 1975.

APPEAL FROM THE CIVIL DISTRICT COURT FOR THE PARISH OF ORLEANS, DIVISION "C", NO. 536-609; HONORABLE RICHARD J. GARVEY, JUDGE.

Sanders, Miller, Downing Kean, John Dale Powers, Baton Rouge, for Jones Chemicals, Inc., plaintiff-appellant.

Drury, Lozes Curry, Rene A. Curry, Jr., New Orleans, for Employers Commercial Union Ins. Co., Linda Murray, and Lee H. Brown, defendants-appellees.

Bruce J. Borrello, Stephen L. Huber, James J. Morse and Robert J. Neal, New Orleans, for Gaines P. Wilson Son, Inc., defendant-appellee.

Before REDMANN, STOULIG and SCHOTT, JJ.

STOULIG, Judge.

Plaintiff, Jones Chemicals, Inc., filed suit against Lee H. Brown, the owner; his liability insurer, Employers Commercial Union Insurance Company; and Linda Murray, the driver of the automobile involved in an accident with plaintiff's tractor-trailer. Judgment was rendered dismissing plaintiff's suit for property damages on a finding that Billy Anderson, plaintiff's employee, caused the accident by negligently failing to maintain control over the rig. Plaintiff appealed.

This case was consolidated with two other lawsuits arising out of the same collision, namely, Rita Brown, wife of/and Lee H. Brown v. Employers Commercial Union Insurance Company et al., 316 So.2d 194, No. 6776 on the docket of this court; and Linda Borja, wife of/and James Murray v. The Travelers Insurance Company et al., 316 So.2d 199, No. 6777 of our docket.

For the reasons assigned in the Brown case (No. 6776), the judgment appealed from is affirmed at appellant's cost.

Affirmed.

REDMANN, J., dissents.