From Casetext: Smarter Legal Research

Clark v. Aetna Cas. Sur. Co.

Court of Appeal of Louisiana, Third Circuit
Mar 22, 1983
427 So. 2d 909 (La. Ct. App. 1983)

Opinion

No. 82-457.

February 3, 1983. Rehearings Denied March 22, 1983.

APPEAL FROM 13TH JUDICIAL DISTRICT COURT, PARISH OF EVANGELINE, STATE OF LOUISIANA, HONORABLE ISOM J. GUILLORY, JR., J.

Gold, Little, Simon, Weems Bruser, Eugene J. Sues, Alexandria, Dubuisson Dubuisson, Edward B. Dubuisson, Opelousas, for defendant-appellee.

Morrow Morrow, J. Michael Morrow, Opelousas, Gilbert Aucoin, Alex D. Chapman, Jr., of Fuselier Chapman, A. Gaynor Soileau, Ville Platte, for plaintiff-appellee.

William J. Doran, Jr., Baton Rouge, for defendants-appellants-appellees.

Before STOKER, YELVERTON and KNOLL, JJ.


For the reasons contained in Estate of Elsie C. King, et al v. Aetna Casualty Surety Co., et al., 427 So.2d 902 (La.App. 3rd Cir. 1983), docket number 82-454, in which we render a separate opinion this date, the judgment in this case in favor of plaintiff, Clara Clark, against James Pierce and the Louisiana Department of Transportation and Development is affirmed.

We reverse the judgment in favor of Eddie R. Johns and against the Louisiana Department of Transportation and Development on the latter's third party demand. Judgment is hereby granted in favor of the Louisiana Department of Transportation and Development and against Eddie R. Johns on its third party demand for contribution to the extent of his virile share (1/3) of the judgment rendered herein.

The judgment in favor of the Louisiana Department of Transportation and Development on its third party demand against James Pierce for contribution is amended to reduce the virile share of James Pierce for the judgment against him to one-third (1/3).

In all other respects, the judgment of the trial court is affirmed. The costs of this appeal are assessed one-half to the Louisiana Department of Transportation and Development and one-half to Eddie R. Johns and Aetna Casualty Surety Co., in solido.

AFFIRMED IN PART, REVERSED IN PART, AMENDED AND RENDERED AS AMENDED.


Summaries of

Clark v. Aetna Cas. Sur. Co.

Court of Appeal of Louisiana, Third Circuit
Mar 22, 1983
427 So. 2d 909 (La. Ct. App. 1983)
Case details for

Clark v. Aetna Cas. Sur. Co.

Case Details

Full title:CLARA CLARK, PLAINTIFF-APPELLEE, v. AETNA CASUALTY SURETY CO., ET AL.…

Court:Court of Appeal of Louisiana, Third Circuit

Date published: Mar 22, 1983

Citations

427 So. 2d 909 (La. Ct. App. 1983)

Citing Cases

Estate of King v. Aetna Cas. Sur. Co.

The matters discussed in this opinion arise out of a two-car collision which occurred on Louisiana Highway…