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FONTENOT v. INSURANCE COMPANY OF NORTH AMERICA

No. 53270.

283 So.2d 733 (1973)

Mrs. Patricia FONTENOT, Individually, etc. v. INSURANCE COMPANY OF NORTH AMERICA et al.

Supreme Court of Louisiana.

Rehearing Denied October 26, 1973.

Attorney(s) appearing for the Case

William B. Baggett, Baggett, Hawsey, McClain & Morgan, Lake Charles, for plaintiff-applicant.

Thomas M. Bergstedt, Scofield, Bergstedt & Gerard, Lake Charles, for defendants-respondents.

M. Truman Woodward, Jr., James K. Irvin, Milling, Benson, Woodward, Hillyer & Pierson, New Orleans, for amici curiae.

BARHAM, Justice.

This is a wrongful death action under Civil Code Article 2315 brought by the widow and three children of Victor L. Fontenot, who was killed in an industrial accident on July 6, 1971. At the time Fontenot was employed as a conveyor operator for Olin Corporation near Lake Charles, Louisiana. He was cleaning a sodium nitrate tank where it entered a bagging machine, when a co-employee, Dwight D. Hazell, engaged the bagging machine. The machine soon became...

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