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VIATOR v. GILBERT

No. 2806.

206 So.2d 106 (1968)

Weldon VIATOR v. Thomas N. GILBERT, Coating Specialists, Inc., Westchester Fire Insurance Company and John E. Wilkinson.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearings Denied February 5, 1968.

Writs Refused March 25, 1968.

Writ Granted March 25, 1968.

Attorney(s) appearing for the Case

Joseph A. Koury, Lafayette, for plaintiff-appellee.

Schoemann, Gomes & Ducote, Monte J. Ducote, New Orleans, for third-party plaintiffs-appellees.

Schoemann, Gomes & Ducote, Monte J. Ducote, New Orleans, for defendants-appellants-appellees.

Ernest A. Carrere, Jr., L. Howard McCurdy, Jr. and James L. Selman II, of Jones, Walker, Waechter, Poitevent, Carrere & Denegre, New Orleans, for third-party defendant-appellant.

James C. Murphy, Jr., of Sessions, Fishman, Rosenson, Snellings, & Boisfontaine, New Orleans, for defendant-third party, defendants-appellees.

Ben C. Toledano, of Porteous & Johnson, New Orleans, for defendant-appellee and third-party defendant-appellee.

Before YARRUT, CHASEZ and JANVIER, JJ.

Writs Refused Gilbert and Travelers Ins. Co. March 25, 1968.

Writ Granted In Part Viator March 25, 1968.

YARRUT, Judge.

This suit arose as a result of a four-car collision on Highway 90 three miles east of Boutte, Louisiana, on February 5, 1965 at about 6:00 P.M. Although there is some factual dispute, the following is clear from the record. All vehicles were proceeding in a westerly direction. John E. Wilkinson, the driver of the first car, who was...

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