Nunez v. Liberty Mutual Ins. Co.

Full title: OLIVIA NUNEZ, INDIVIDUALLY, AND AS TUTRIX OF THE MINORS, RICHARD JOHN…

Court: Court of Appeal of Louisiana, Third Circuit

Date published: Nov 20, 1974

303 So. 2d 616 (La. Ct. App. 1974)

Opinion

No. 4783.

October 16, 1974. Rehearing denied November 20, 1974.

APPEAL FROM SIXTEENTH JUDICIAL DISTRICT COURT, PARISH OF IBERIA, STATE OF LOUISIANA, HONORABLE E. L. GUIDRY, JR., J.

Thompson Sellers by Roger C. Sellers, Abbeville, for plaintiff-appellants.

Davidson, Meaux, Onebane and Donohoe by John G. Torian, II, Lafayette, for defendants-appellees.

Scofield, Bergstedt Gerard by Richard E. Gerard, Jr., Lake Charles, for defendant-appellee.

Before FRUGE, MILLER and WATSON, JJ.

WATSON, Judge.

For the reasons assigned in the companion case of Jeanette Jean Trahan et al. v. Liberty Mutual Insurance Co. and Insurance Co. of North America, docket no. 4715 La.App., 303 So.2d 606, the judgment of the trial court is reversed and this matter is remanded for trial.

Reversed and remanded.

WATSON, Judge.

ON APPLICATION FOR REHEARING

[6] MILLER, Judge.

For the reasons assigned on the application for rehearing in Trahan v. Liberty Mutual Insurance Company, et al., 303 So.2d 606 (La.App. 3 Cir. 1974), I respectfully submit that the application for rehearing should be granted.

[3] MILLER, Judge (dissenting).

For the reasons stated in my dissent filed this date in Trahan v. Liberty Mutual Insurance Company, 303 So.2d 606 (La. App. 3 Cir. 1974), I respectfully dissent.