DESHOTELS v. FIDELITY AND CASUALTY CO. OF NEW YORK

No. 5275.

324 So.2d 895 (1975)

Joseph R. DESHOTELS, Plaintiff-Appellee, v. The FIDELITY AND CASUALTY COMPANY OF NEW YORK, Defendant-Appellant.

Court of Appeal of Louisiana, Third Circuit.

Dissenting Opinion January 2, 1976.

Rehearing Denied January 28, 1976.

Writ Refused March 19, 1976.


Attorney(s) appearing for the Case

Allen, Gooch & Bourgeois by Kenneth Cole, Lafayette, for defendant-appellant.

Devillier, Ardoin & Morrow by J. Michael Morrow, Eunice, for plaintiff-appellee.

Before WATSON, HUMPHRIES and PETERS, Judges.


PETERS, Judge ad hoc.

This is an appeal from a judgment awarding plaintiff the sum of $49.00 per week in workmen's compensation benefits for total and permanent disability. Plaintiff answered the appeal asking for an award of past and future medical expenses and for attorney's fees.

Plaintiff was employed by Evangeline Timber Company, primarily to make fence posts. Plaintiff cut trees ranging from two and one-half to six inches in diameter, trimmed the branches...

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