Opinion
No. 90-61.
August 2, 1991. Rehearing Denied September 13, 1991. Writ Denied December 2, 1991.
Appeal from the 31st Judicial District Court, Parish of Jefferson Davis; Wm. N. Knight, Judge.
Book Beverung, Fred Book, Steve Beverung, Lake Charles, for plaintiff/appellant.
Woodley, Williams, Fenet, Palmer, Boudreau Norman, James E. Williams, Lake Charles, for defendant/appellant.
Tynes, Fraser, Roach Morris, Maurice Tynes, Lake Charles, for defendant-appellee.
Thomas Sanders, Lake Charles, for defendant/appellee Allstate, Vicki.
Plauche, Smith Nieset, A.R. Johnson, IV, Lake Charles, for defendant/appellee Floyd, Tenn Ins. Co.
Before STOKER, LABORDE and KNOLL, JJ.
This is a companion suit to Loveday v. Travelers Insurance Co., 585 So.2d 597 (La.App. 3d Cir. 1991). For the reasons assigned in Loveday v. Travelers Insurance Co., the judgment of the trial court is reversed in part, modified and rendered, in accordance with the judgment set forth in the companion case.
Accordingly, it is ORDERED, ADJUDGED and DECREED that the judgment of the trial court awarding monetary damages to the plaintiffs, AVA LOVEDAY and FLOYD LOVEDAY, and against the defendants, HIRAM E. JOWERS, MONROE TRUCKING, INC. and TRAVELERS INSURANCE COMPANY, jointly and in solido, be and it is hereby amended to provide the amounts of the awards be as follows:
AVA LOVEDAY $75,000 FLOYD E. LOVEDAY $75,000 AVA FLOYD E. LOVEDAY (for funeral expenses) $ 3,576.10
It is further ORDERED, ADJUDGED and DECREED that the judgment of the trial court in favor of plaintiff in reconvention, MONROE TRUCKING, INC., and against defendant in reconvention, ALLSTATE INSURANCE COMPANY, be and it is hereby amended to fix the award at the sum of $866, with legal interest from date of judicial demand until paid.
Allstate Insurance Company was the only defendant in reconvention against which the trial court gave judgment.
In all other respects the judgment of the trial court is affirmed.
The costs of the appeal are assessed as provided in our opinion in the companion case of Loveday v. Travelers Insurance Company, supra.
REVERSED IN PART; MODIFIED IN PART; AND RENDERED.