Malcomb v. Employers Insurance Company

Full title: GARY MALCOMB ET AL., PLAINTIFFS-APPELLANTS, v. EMPLOYERS INSURANCE…

Court: Court of Appeal of Louisiana, Third Circuit

Date published: Jun 24, 1977

347 So. 2d 4 (La. Ct. App. 1977)

Opinion

No. 5953.

May 13, 1977. Rehearing Denied June 24, 1977.

APPEAL FROM 28TH JUDICIAL DISTRICT COURT, PARISH OF LaSALLE; HONORABLE EDWIN R. HUGHES, JUDGE.

Wilson M. Montero, Jr., New Orleans, William Henry Sanders, Jena, and Edward A. Kaplan, Alexandria, for plaintiffs-appellants.

Theus, Grisham, Davis Leigh by R. L. Davis, Jr., Hayes, Harkey, Smith Cascio by Charles S. Smith, Monroe, Gravel, Roy Burnes by J. Michael Small, Alexandria, Long Peters by Jimmie C. Peters, Jena, for defendant-appellee.

Gist, Methvin Trimble by H. B. Gist, Jr., Alexandria, for intervenor-appellant.

Before WATSON, FORET and HEARD, JJ.

WATSON, Judge.

This matter was consolidated for trial and appeal with our docket number 5952, Malcomb et al. v. Humphries Motors et al., 347 So.2d 1 in which a separate opinion has been rendered this date. The facts, issues and parties are identical except that American Employers Insurance Company, erroneously styled as Employers Insurance Company, the insurer of Humphries Motors is named defendant herein and not in docket number 5952. For the reasons assigned in the companion case, the judgment of the trial court is affirmed and costs are taxed against plaintiffs-appellants.

AFFIRMED.