CALLAIS v. ALLSTATE INSURANCE CO.

No. 56120

334 So.2d 692 (1975)

Laura L. Dupre CALLAIS et al. v. ALLSTATE INSURANCE CO.

Supreme Court of Louisiana.

Dissenting Opinion December 17, 1975.

On Rehearing June 21, 1976.


Attorney(s) appearing for the Case

Charles E. Leche, Normann & Normann, New Orleans, for plaintiffs-applicants.

Larry P. Boudreaux, Leslie J. Clement, Jr., Porteous, Toledano, Hainkel & Johnson, Thibodaux, for defendant-respondent.

Allen R. Fontenot, Lemle, Kelleher, Kohlmeyer & Matthews, New Orleans, for amicus curiae.

J. W. Jones, Bodenheimer, Jones, Klotz & Simmons, Shreveport, amicus curiae for Allstate Ins. Co.

Raymond C. Vinet, Sr., amicus curiae for Commissioner of Insurance.

J. Barnwell Phelps, Esmond Phelps, II, Harry A. Rosenberg, Phelps, Dunbar, Marks, Claverie & Sims, New Orleans, amicus curiae for T & P Ry Co. & M P RR Co.

James J. Davidson, James J. Davidson, III, L. Lane Roy and Richard C. Meaux, Davidson, Meaux, Onebane & Donohoe, Bernard, Torian & Diaz, Lafayette, amicus curiae for S P Transportation Co., and others.


BOLIN, Justice.

Lloyd J. Guidry and his wife, Carol Ann Guidry, were killed in a one car accident. Mr. and Mrs. Guidry were survived by one child, Roxanne Guidry, born August 11, 1972. The child was not a passenger in the car at the time of the fatal accident. The provisional tutrix instituted suit on behalf of the minor against Allstate Insurance Company, the insurer of the automobile driven by Mrs. Guidry, for damages resulting

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