POSEY v. FABRE

No. 9784.

369 So.2d 237 (1979)

Marc Allen POSEY v. Raynard J. FABRE et al.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied April 16, 1979.

Writ Refused June 11, 1979.


Attorney(s) appearing for the Case

Robert F. Fadaol, Gretna, for plaintiff.

James M. Tompkins (McGlinchey, Stafford, Mintz & Hoffman), New Orleans, for defendant American Bankers Ins. Co. of Florida.

Jacob J. Amato, Jr. (Amato & Creely), Gretna, for defendant Schieffler Bros. Marine, Inc.

Kenneth W. Manuel (Ungar, Jacobs, Manuel & Kain), New Orleans, for defendant Raynard J. Fabre.

Before REDMANN, STOULIG and BEER, JJ.


REDMANN, Judge.

Raynard J. Fabre was employed as a tug captain by Schieffler Brothers Marine, Inc., which was insured against liability "as owner" of the tug by American Bankers Insurance Company. Those three parties appeal from a judgment for $70,000 for injuries to plaintiff when Fabre deliberately hit him on the elbow with a pipe.

The issues are whether Fabre is liable despite plaintiff's verbal provocation (argued to be "contributory negligence"); if so...

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