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AULTMAN v. RINICKER

No. 14927.

416 So.2d 641 (1982)

Billy Wayne AULTMAN, Plaintiff-Appellee, v. Dale RINICKER d/b/a Rinicker Flying Service, et al., Defendant-Appellant, Defendant-Appellee and Defendant-Third Party Defendant-Appellee.

Court of Appeal of Louisiana, Second Circuit.

June 15, 1982.

Attorney(s) appearing for the Case

Rankin, Yeldell, Herring & Katz by Charles E. Herring, Jr., Bastrop, for defendant-appellant, Dale Rinicker d/b/a Rinicker Flying Service.

Glen W. Strong, Oak Grove, for plaintiff-appellee, Billy Wayne Aultman.

Lunn, Irion, Switzer, Johnson & Salley by Charles W. Salley, Shreveport, for defendant-appellee, Lensing & Lensing, Inc.

Davenport, Files & Kelly by William G. Kelly, Jr. and Mike C. Sanders, Monroe, for defendant-third party defendant-appellee, U. S. Fire Ins. Co.

Before HALL, MARVIN and FRED W. JONES, Jr., JJ.

HALL, Judge.

Issues of mitigation of damages, cancellation of an insurance policy, and liability of an insurance agent are presented by this appeal by one of the two defendants cast in judgment for damages to plaintiff's tomato crop resulting from an airplane crop-dusting operation. Finding that the issues were correctly resolved by the district court, we affirm the judgment.

Context Facts

Defendant William Wily Gilfoil contracted with defendant...

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