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BOYETTE v. AUGER TIMBER CO.

No. 14589.

403 So.2d 800 (1981)

Mrs. Naomi BOYETTE, Roy Dean Boyette and Harvey Lowe, Plaintiffs-Appellants, v. AUGER TIMBER COMPANY, Employers Insurance of Wausau, Melvin Rowland and the Department of Transportation and Development, Defendants-Appellees and Third Party Defendants-Appellees.

Court of Appeal of Louisiana, Second Circuit.

Rehearing Denied October 1, 1981.

Attorney(s) appearing for the Case

Simmons & Nelson by Otha Curtis Nelson, Sr., Baton Rouge, for plaintiffs-appellants, Mrs. Naomi Boyette, Roy Dean Boyette and Harvey Lowe.

Hayes, Harkey, Smith & Cascio by Charles S. Smith, Monroe, for defendants-appellees, Melvin Rowland, Auger, Inc. and Employers Ins. of Wausau.

Barham, Adkins & Coleman by Charles C. Barham, Ruston, for defendant-appellee, Auger, Inc.

John W. King, Baton Rouge, for defendant-appellee, The State of Louisiana, through the Dept. of Transp. and Development.

Davenport, Files, Kelly & Marsh by Thos. W. Davenport, Jr., Monroe, for third party defendants-appellees, Harvey Lowe and The Continental Ins. Co.

En Banc. Rehearing Denied October 1, 1981.

HALL, Judge.

This is an action to recover damages for personal injury and wrongful death resulting from the collision of a tractor-trailer rig and an automobile. Of the five persons occupying the automobile, three sustained severe injuries as a result of the accident: Harvey Lowe, driver of the automobile; Roy Boyette, guest passenger; and Charles Boyette, a minor guest passenger who died as a result of the injuries...

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