Opinion
No. 85-814.
June 25, 1986. On Rehearing October 15, 1986. Writ Granted December 12, 1986.
Appeal from 15th Judicial District Court, Parish of Lafayette; Ronald D. Cox, Judge.
Voorhies Labbe, Gregory Moroux, Lafayette, for defendant-appellant.
Robert Keaty, of Keaty Keaty, Lafayette, for plaintiff-appellee.
Kerry Shields, of Keaty Keaty, New Orleans, for plaintiff-appellee.
Raymond C. Jackson, of Allen, Gooch Bourgeois, Lafayette, for defendant-appellant.
Mack E. Barham, of Barham and Churchill, and Gail N. Wise, New Orleans, for defendant-appellee.
For the reasons assigned in the companion case of Roger v. Estate of Moulton, et al., (La.App. 3rd Cir. 1986), the judgment of the trial court is reversed and set aside insofar as it casts Liberty Mutual Insurance Company in judgment as the uninsured motorist carrier of United Parcel Service, and plaintiff's demands against Liberty Mutual Insurance Company as uninsured motorist carrier for United Parcel Service is ordered dismissed with prejudice. Further, all costs at the trial level and on appeal, excepting costs for the jury empaneled but released before trial, are to be paid one-half (1/2) by plaintiff, Donald Roger, and one-half (1/2) by Liberty Mutual Insurance Company. Jury costs at the trial level are to be paid by Liberty Mutual Insurance Company as per its stipulation. In all other respects, the judgment of the trial court is affirmed.
AFFIRMED IN PART; REVERSED IN PART; AND, RENDERED.
ON REHEARING
For the reasons assigned in the companion case of Roger v. Estate of Moulton, et al., (La.App. 3rd Cir. 1986), our original decree is reinstated and made the final judgment of this court. Plaintiff-appellee and intervenor-appellants are cast with all costs of this appeal.
ORIGINAL DECREE REINSTATED.