TIMPA v. COLE

No. 2752.

225 So.2d 59 (1969)

Hubert J. TIMPA, Plaintiff and Appellee, v. Leo COLE and Allstate Insurance Company, Defendants and Appellants.

Court of Appeal of Louisiana, Third Circuit.

Rehearing Denied July 24, 1969.


Attorney(s) appearing for the Case

Camp, Carmouche, Palmer, Carwile & Barsh, by Harry E. Barsh, Jr., Lake Charles, for defendants-appellants.

Peter A. Ciambotti, Lake Charles, for plaintiff-appellee.

Before TATE, CULPEPPER and SAVOY, JJ.


CULPEPPER, Judge.

This is a suit for damages for personal injuries. The plaintiff, Hubert J. Timpa, was gratuitously helping his step father-in-law, Leo Cole, build a new carport on Cole's home. A nail being hammered by Cole flew into plaintiff's eye. Defendants are Cole and his liability insurer. A jury awarded plaintiff $10,000. Defendant appealed. Plaintiff answered the appeal, seeking an increase in the award.

The issues on appeal are: (1) Was the defendant...

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