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DOMINGUE v. LUKE FRUGE, INC.

No. 7301.

379 So.2d 490 (1979)

Robert W. DOMINGUE, Plaintiff, v. LUKE FRUGE, INC., et al., Defendants. (Trinity Universal Insurance Company, Appellant).

Court of Appeal of Louisiana, Third Circuit.

Rehearing Denied February 12, 1980.

Attorney(s) appearing for the Case

Mouton & Jeansonne, Welton P. Mouton, Jr., Lafayette, for defendant-appellant.

Stockwell, Sievert, Viccellio, Clements & Shaddock, Fred H. Sievert, Jr., Plauche, Smith, Hebert & Nieset, Allen L. Smith, Jr., McClain, Morgan & Greenwald, R. Scott McClain, Brame, Bergstedt & Brame, David A. Fraser, Lake Charles, Voorhies & Labbe, D. Mark Bienvenu, Nicholas Gachassin, of Cole & Guidry, Lafayette, for defendant-appellee.

Jones, Jones & Alexander, J. B. Jones, Jr., Cameron, Raleigh Newman, Lake Charles, for plaintiff-appellee.

Before DOMENGEAUX, FORET and SWIFT, JJ.

FORET, Judge.

The issue presented by this appeal is whether indemnity is available after a settlement agreement, prior to trial, between one of several defendants and the plaintiff where a subsequent jury verdict completely exonerates from liability the settling defendant. The district court held that indemnity is not available. We affirm.

Plaintiff, Robert Domingue1, sustained injuries, from which he died ninety days later, when...

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