Lavigne v. Insurance Co. of North America

Full title: GERARD C. LAVIGNE, PLAINTIFF-APPELLANT, v. INSURANCE COMPANY OF NORTH…

Court: Court of Appeal of Louisiana, Third Circuit

Date published: Feb 1, 1984

444 So. 2d 797 (La. Ct. App. 1984)

Opinion

No. 83-427.

February 1, 1984.

APPEAL FROM 27TH JUDICIAL DISTRICT COURT, PARISH OF ST. LANDRY, STATE OF LOUISIANA, HONORABLE H. GARLAND PAVY, J.

Preston N. Aucoin, J. Wendel Fusilier, Ville Platte, for plaintiff-appellant.

Onebane, Donohoe, Bernard, Torian, Diaz, McNamara Abell, Keith M. Borne, Edward Taulbee, IV, Lafayette, for defendant-appellee.

Before GUIDRY, CUTRER and STOKER, JJ.

STOKER, Judge.

This appeal involves the same issues and procedural history described in our opinion rendered this day in Freeman, et al. v. Insurance Company of North America, 444 So.2d 793 (La.App. 3rd Cir. 1974), our docket number 83-426. The trial court judgment of April 18, 1983 mentioned in that opinion was a consolidated judgment which included the action of Gerard C. Lavigne. From the dismissal of his action Lavigne appealed to this court.

For the reasons given in the opinion in the Emma Williams suit mentioned above, the judgment of the trial court dated April 18, 1983, dismissing appellant Lavigne's action is affirmed. The costs of this appeal are assessed to Lavigne.

AFFIRMED.