BAUMGARTNER v. STATE FARM MUT. AUTO. INS. CO.

No. 60210.

356 So.2d 400 (1978)

Mrs. Vera Ruppel BAUMGARTNER, Mrs. Shirley Baumgartner McDonald and Henry H. Baumgartner, Jr., Individually and for and on behalf of Henry H. Baumgartner, Deceased and his Estate, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY et al.

Supreme Court of Louisiana.

Dissenting Opinion March 1, 1978.

Rehearing Denied March 15, 1978.


Attorney(s) appearing for the Case

Frank W. Lagarde, Jr., Connolly, Labranche & Lagarde, New Orleans, for plaintiffs-applicants.

Harvey L. Strayhan, Sessions, Fishman, Rosenson, Snellings & Boisfontaine, New Orleans, for defendants-respondents.


DIXON, Justice.

Writs were granted in this case to review a judgment of the Court of Appeal reversing the trial court. Plaintiffs are the survivors of a pedestrian who died one month after receiving injuries when he was hit by a car driven by William N. Morgan. The trial judge granted judgment for the plaintiffs. The Court of Appeal found both decedent and defendant negligent, found that the defendant did not have the last...

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