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GUILBEAU v. LIBERTY MUT. INS. CO.

No. 10470.

324 So.2d 571 (1975)

Mary Alice GUILBEAU et al. v. LIBERTY MUTUAL INSURANCE COMPANY et al.

Court of Appeal of Louisiana, First Circuit.

Rehearing Denied January 12, 1976.

Writs Granted February 17, 1976.

Attorney(s) appearing for the Case

Joseph J. Picione, Lafayette, for plaintiffs.

Taylor, Porter, Brooks & Phillips, Robert J. Vandaworker, Baton Rouge, for Liberty Mutual Ins. Co. and Gaines P. Wilson & Son, Inc.

Porteous, Toledano, Hainkel & Johnson, Christopher E. Lawler, New Orleans, for Cottonbelt Ins. Co.

Watson, Blanche, Wilson & Posner, David W. Robinson, Baton Rouge, for Continental Ins. Co. and E. A. Caldwell, Contractor.

Before LANDRY, COVINGTON and BARNETTE, JJ.

BARNETTE, Judge.

This wrongful death and survival action arises out of an accidental death that occurred on August 11, 1971 at a construction site on U.S. Highway 190 in West Baton Rouge Parish. The decedent, John Albert Guilbeau, was fatally injured when he was struck by a backing truck owned by J. B. Higgins while walking on the shoulder of the highway in the course and scope of his employment.

At the time of the accident the shoulder of the highway was...

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