Southern Farm Bureau v. Liberty Mut

Full title: SOUTHERN FARM BUREAU CASUALTY INSURANCE COMPANY, PLAINTIFF-APPELLEE, v…

Court: Court of Appeal of Louisiana, Third Circuit

Date published: Dec 14, 1981

404 So. 2d 995 (La. Ct. App. 1981)

Opinion

No. 8278.

August 13, 1981. Rehearings Denied October 14, 1981. Writs Denied December 14, 1981.

APPEAL FROM 10TH JUDICIAL DISTRICT COURT, PARISH OF NATCHITOCHES; HON.W. PEYTON CUNNINGHAM, JR., JUDGE.

Doran Kivett by William T. Kivett, Baton Rouge, for defendant-appellant, State of Louisiana.

Watson, Murchison, Crews, Arthur Corkern, William P. Crews, Jr., Natchitoches, for defendant-appellee, City of Natchitoches.

Troy E. Bain, Shreveport, for defendant-appellee, Shirley Campbell.

Kelly Salim, Robert L. Salim, Natchitoches, for plaintiff-appellee, Deborah K. Hardy.

Thomas Dunahoe, G.F. Thomas, Jr., Natchitoches, Bolen Erwin, James A. Bolen, Alexandria, Whitehead McCoy, Charles R. Whitehead, Jr., Natchitoches, Brittain Williams, Jack O. Brittain, Natchitoches, for defendants-appellees.

Before CUTRER, STOKER, and BIENVENU^_, JJ.

_ Judge C. Thomas Bienvenu, Jr. Sixteenth Judicial District Court, Parish of St. Martin, participated as Judge Ad Hoc in this decision.

STOKER, Judge.

For the reasons stated in the companion case of Hardy v. State of Louisiana, Department of Highways, 404 So.2d 981 (La.App. 3rd Cir. 1981), in which a separate opinion is being rendered this date, the judgment of the trial court in this case is affirmed in all respects except as to its holding relative to the City of Natchitoches and Hartford Accident and Indemnity Company. As to them the judgment of the trial court is reversed. The City of Natchitoches and Hartford Accident and Indemnity Company are now cast in judgment in solido with the State of Louisiana, Department of Transportation and Development, and the judgment is amended accordingly.

The cost of the appeal in this case is assessed one-half to the State and one-half to the City of Natchitoches and Hartford Accident and Indemnity Company.

REVERSED IN PART AND AMENDED; AFFIRMED AS AMENDED.

STOKER, Judge.

ON APPLICATION FOR REHEARING

[5] PER CURIAM.

In this and the companion cases with which it is consolidated the State of Louisiana, Department of Transportation and Development, the City of Natchitoches and Hartford Accident Indemnity Company have applied for a rehearing.

We amend our judgment rendered on original hearing in conformity with the per curiam attached to the opinion in Hardy, et al v. State of Louisiana, Through Department of Highways, et al, 404 So.2d 981 (La.App. 3rd Cir. 1981), so as to give effect to the limits of liability set forth in the policy of Hartford Accident Indemnity Company. Any recovery by plaintiff herein against Hartford shall be subject to apportionment as provided by law.

APPLICATIONS FOR REHEARING DENIED.