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WICKER v. COCA-COLA BOTTLING CO.

Nos. 5-39, 5-40.

418 So.2d 1378 (1982)

Wanda Falcon WICKER, Widow of Ruben Ivan Wicker, Sr., Individually and as Natural Tutrix For the Use and Benefit of Her Minor Children, Keith Michael Wicker, Helen Irene Wicker, and Rhonda Ann Wicker v. The COCA-COLA BOTTLING COMPANY, Mid-West Machinery Movers, Inc., Phillip Foto, W. M. Davis, G. J. Schuth, Russel Pat White, Bob Simpson, Eugene Abadie, Owen Trayhan, Nolan Sharpe, Rufus Fisher, A. B. C. Insurance Corporation and X. Y. Z. Insurance Corporation. William L. SPARACELLO v. The COCA-COLA BOTTLING COMPANY, Mid-West Machinery Movers, Inc., Phillip Foto, W. M. Davis, G. J. Schuth, Russel Pat White, Bob Simpson, Eugene Abadie, Owen Trayhan, Nolan Sharpe, Rufus Fisher, A. B. C. Insurance Corporation and X. Y. Z. Insurance Corporation.

Court of Appeal of Louisiana, Fifth Circuit.

Rehearing Denied September 22, 1982.

Attorney(s) appearing for the Case

John H. Brooks, Gretna, Robert W. Drouant, Heisler & Wysocki, New Orleans, for plaintiffs-appellants.

Monte J. Ducote, New Orleans, Stephen Huber and Claude Vasser, Metairie, Frederick S. Kullman, Kullman, Lang, Inman & Bee, New Orleans, James Demopoulos, Chicago, Ill., Frederick R. Campbell, McGlinchey, Stafford & Mintz, Michael S. Guillory, New Orleans, for defendants-appellees.

Before CHEHARDY, KLIEBERT and CURRAULT, JJ.

KLIEBERT, Judge.

William L. Sparacello and Ruben Ivan Wicker, Sr., co-employees of Mid-West Machinery Movers, Inc. (hereafter Mid-West) were involved in an accident on November 3, 1972 on the Dauphin Island exit of I-10 in the State of Alabama. At the time of the accident, Wicker was operating and Sparacello was a passenger in a White Tractor towing a trailer owned by the Coca-Cola Company. The maintenance and operation of the tractor and trailer was the responsibility...

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