VAUGHN v. GALLO WINE CO. OF LOUISIANA, INC.

No. 10994.

379 So.2d 761 (1979)

Dorothy Jean VAUGHN, Individually and as Natural Tutrix for the Minor Children, Charles Anthony Vaughn, and Bryan Keith Vaughn v. GALLO WINE COMPANY OF LOUISIANA, INC., H. L. Reese a/k/a Herman Reese Bates, and Underwriters Insurance Co.

Court of Appeal of Louisiana, Fourth Circuit.

January 10, 1979.


Attorney(s) appearing for the Case

Robert L. Barrios, Law Offices of Michael J. Samanie, Houma, for plaintiff-appellant.

Charles W. Schmidt, III, Christovich & Kearney, New Orleans, for defendants-appellees.

Before REDMANN, LEMMON and SCHOTT, JJ.


SCHOTT, Judge.

Plaintiff has appealed from a dismissal of her action for the wrongful death of Charles Vaughn who died after being hit on the head with a fiberglass night stick by defendant Herman Bates. The issue is whether the trial court erred in concluding that Bates did not use excessive force to defend himself against Vaughn under the circumstances of the case.

Bates reported for work at Gallo Wine Company at 2 AM on November 21, 1976, where he was to...

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