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PAZERECKIS v. THORNHILL

No. 84 CA 1222.

489 So.2d 986 (1986)

Vincent J. PAZERECKIS v. Robert THORNHILL and United States Fidelity and Guaranty Company.

Court of Appeal of Louisiana, First Circuit.

May 28, 1986.

Attorney(s) appearing for the Case

R. Ray Orrill, Jr., Gregory J. Avery, New Orleans, John P. Campbell, III, Metairie, for plaintiff-appellant Vincent Pazereckis (represented herein by substituted plaintiff, Cynthia Sullivan, as tutrix on behalf of the decedent's minor child, Jeffery Allen Pazereckis).

John Young, Jr., Hebert & Abbott, New Orleans, for intervenor-appellee Houston General Ins. Co.

Kurt Blankenship, New Orleans, for defendants-appellees Robert Thornhill and U.S. Fidelity & Guar. Co.

James Ryan, III, Sessions, Fishman, Rosenson, Boisfontaine & Nathan, New Orleans, for defendant-appellee U.S. Fidelity & Guar. Co. (underinsured motorist carrier for Delta Marine Catering, Inc.).

Before LOTTINGER, SAVOIE and CRAIN, JJ.

SAVOIE, Judge.

Plaintiff, Cynthia L. Sullivan, appeals the trial court's denial of the wrongful death action of plaintiff's minor son.

On January 28, 1981, plaintiff and defendant, Robert Thornhill, were headed south in separate vehicles on U.S. Hwy. 90, some 11 miles north of Houma, Louisiana. Plaintiff was driving his employer's truck in the course and scope of his employment just ahead of Thornhill, traveling at approximately 55 miles per hour. Thornhill...

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