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DEMANDRE v. LIBERTY MUTUAL INSURANCE COMPANY

No. 17420.

264 F.2d 70 (1959)

Mrs. May Sketchler DEMANDRE, wife of, and Celestin Demandre, Appellants, v. LIBERTY MUTUAL INSURANCE COMPANY, Appellee.

United States Court of Appeals Fifth Circuit.

February 27, 1959.

Attorney(s) appearing for the Case

Sidney W. Provensal, Jr., New Orleans, La., for appellants.

John V. Baus, New Orleans, La., Jones, Walker, Waechter, Poitevent, Carrere & Denegre, New Orleans, La., of counsel, for appellee.

Before HUTCHESON, Chief Judge, and BROWN and WISDOM, Circuit Judges.

JOHN R. BROWN, Circuit Judge.

This was a suit for damages instituted by Mrs. Demandre against the Insurer under the Louisiana Direct Action Statute. LSA-R.S., Tit. 22, § 655. The Insurer had issued a Comprehensive General Liability policy to Touro Infirmary, one of New Orleans largest hospitals. The claim was that the hospital had negligently failed to place sideboards on her hospital bed with the result that while under extensive sedation she had fallen out...

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