Chapman v. McClure

Full title: EARL JOSEPH CHAPMAN, PLAINTIFF-APPELLEE, v. JAMES W. McCLURE ET AL.…

Court: Court of Appeal of Louisiana, Third Circuit

Date published: Mar 4, 1977

344 So. 2d 688 (La. Ct. App. 1977)

Opinion

No. 5841.

March 4, 1977.

APPEAL FROM THE FOURTEENTH JUDICIAL DISTRICT COURT, PARISH OF CAMERON; HONORABLE EARL E. VERNON, JUDGE.

Camp, Carmouche, Palmer, Carwile Barsh by James E. Williams, Lake Charles, for defendants-appellants Allstate and McClures.

Woodley, Fenet Ranier by Edmund E. Woodley, Lake Charles, for defendant-appellant Hudson Engineering Co.

Norman L. Williams, Lake Charles, for plaintiffs-appellees Edward and John Jinks.

Mouton, Roy, Carmouche, Hailey Bivens, John A. Bivens and Ralph E. Kraft, Lafayette, for defendant-appellee.

Thomas W. Sanders, Joseph W. Greenwald, Lake Charles, Jones Alexander by J.B. Jones Cameron, for plaintiff-appellee.

Richard B. Cappel of Raggio, Farrar, Cappel Chozen, Lake Charles, for defendants-appellants.

Before WATSON, GUIDRY and FORET, JJ.

WATSON, Judge.

This suit was consolidated for jury trial and appeal with our docket No. 5840, Edward Bryant Jinks, Individually, Etc. v. James W. McClure, Et. Al, in which a separate opinion has been rendered this date. Both suits arise from the same accident and involve the same defendants, James W. McClure, Larry D. McClure, Hudson Engineering Corporation, Allstate Insurance Company. A.H. Crain, John Paul Crain and American Mutual Liability Insurance Company. Plaintiff herein is Earl Joseph Chapman. The issued presented are identical in the two cases. The testimony and conclusions applicable herein are discussed in the companion case. For the reasons assigned therein, the judgment of the trial court herein is amended to tax one-half of the costs of trial to Hudson Engineering Corporation. The judgment of the trial court is otherwise affirmed.

All costs of the appeal are taxed one-half to Hudson Engineering Corporation and one-half to James McClure, Larry McClure and Allstate Insurance Company.

AMENDED AND AFFIRMED.

GUIDRY, J., concurs and assigns written reasons.

[5] GUIDRY, Judge (concurring).

I concur in the finding that the Crains are not strictly liable under LSA-C.C. Art. 2317 and Loescher v. Parr, 324 So.2d 441 (La. 1975), but on the ground that they were not owners or guardians of a defective thing.

I concur in the finding of liability on the part of Hudson Engineering Corporation only because of the strict rule of appellate review as announced in Canter v. Koehring Company, 283 So.2d 716 (La. 1973).